Victims and Prisoners Bill (Fifth sitting)

Sarah Champion Excerpts

Committee stage
Tuesday 27th June 2023 Public Bill Committees

[The Chair]

We will now start line-by-line consideration of the Bill. Hansard would be grateful if you could email any speaking notes to [e-mail], or pass them to the Hansard colleague present. The selection list for today’s sitting is available in the room. It shows how the selected amendments have been grouped together for debate. Amendments grouped together are generally on the same, or a similar, issue.

Please note that decisions on amendments take place not in the order they are debated but in the order they appear on the amendment paper. The selection list shows the order of debates. Decisions on each amendment will be taken when we come to the clause to which it relates. Decisions on new clauses will be taken once we have completed consideration of the Bill’s existing clauses. Members wishing to press a grouped amendment or new clause to a Division should indicate when speaking to it that they wish to do so.

Clause 1

Meaning of “victim”

[Sarah Champion (Rotherham) (Lab)]

I beg to move amendment 2, in clause 1, page 1, line 16, at end insert—

“(e) where the person has experienced, or made allegations that they have experienced—

(i) sexual abuse, sexual harassment or sexual misconduct, or

(ii) bullying or harassment not falling within paragraph (i).”

This amendment would extend the definition of “victim” to include someone who has experienced, or made allegations that they have experienced, sexual abuse, sexual harassment or sexual misconduct, or other bullying or harassment.

[The Chair]

With this it will be convenient to discuss amendment 3, in clause 2, page 2, line 25, at end insert—

“(3A) The victims’ code must make provision in relation to people who have experienced, or made allegations that they have experienced—

(a) sexual abuse, sexual harassment or sexual misconduct, or

(b) bullying or harassment not falling within paragraph (a).

(3B) Provision under subsection (3A) must include—

(a) provision relating to the enforcement of non-disclosure agreements signed by such victims, and

(b) provision about legal advice and other support for such victims in cases where they are asked to sign, or have signed, a non-disclosure agreement.

(3C) In this section—

‘non-disclosure agreement’ means an agreement which purports to any extent to preclude a victim from—

(a) publishing information about a relevant complaint, or

(b) disclosing information about the relevant complaint to any one or more other persons;

‘misconduct’ means—

(a) sexual abuse, sexual harassment or sexual misconduct, and

(b) bullying or harassment not falling within paragraph (a); and

‘relevant complaint’ means a complaint relating to misconduct or alleged misconduct by any person.”

This amendment would require the victims’ code to include specific provision for people who have experienced, or made allegations that they have experienced, sexual abuse, sexual harassment or sexual misconduct, or other bullying or harassment.

[Sarah Champion]

I appreciate the opportunity to serve under your guidance once again, Sir Edward. I rise to speak in support of amendments 2 and 3, tabled by the hon. Member for Oxford West and Abingdon (Layla Moran). It is important that the Bill aims to improve end-to-end support for victims of crime and to amplify victims’ voices in the criminal justice system. The amendments focus on a widespread practice that disempowers victims and silences their voices: non-disclosure agreements. NDAs are contracts that were created to protect trade secrets, but when used incorrectly they become secret settlement contracts used to buy the silence of a victim or whistleblower. They have become the default solution for organisations, corporations and public bodies to settle cases of sexual misconduct, racism, pregnancy discrimination and other human rights violations.

In some cases, those in charge do not even realise that an NDA was used. NDAs have become boilerplate contractual language for so many organisations, and they are extremely harmful. They most often protect an employer’s reputation and the career of the perpetrator, not the victim, who could be protected by a simple one-sided confidentiality clause. They prevent a victim from speaking out and accessing the support they need by preventing them from reporting, speaking to family and friends about their experiences, or warning others. In one case of a university student who signed a gagging clause after she had been sexually assaulted, the agreement was so poorly explained that she took it to mean that she could not even speak to her own GP.

We have had this discussion many times before, specifically in relation to a different piece of legislation: the Higher Education (Freedom of Speech) Act 2023, an amendment to which, tabled by Lord Collins of Highbury, sought to restrict universities from using NDAs in cases of harassment and bullying. The Government accepted that amendment. I and many others who have campaigned on this issue were delighted that students gained that protection in the 2023 Act. If students should be protected from NDAs and gagging clauses, why would the same not apply to other victims? Amendments 2 and 3, tabled by the hon. Member for Oxford West and Abingdon, are intended to do ensure that it will.

Amendment 2 would expand the definition of a victim to expressly include victims of harassment, including sexual abuse, sexual harassment, sexual misconduct or other forms of bullying. Amendment 3 would then make provision in the victims code for those victims relating to non-disclosure agreements. The language of the amendments was drawn from the 2023 Act—language that the Government have already agreed to. As I said, the protection should not be limited to students; every victim deserves the right to speak out.

We have a golden opportunity with the Bill to enshrine in law the principle that no victim should be silenced, prevented from speaking out about their experiences and scared away from vital support services. There is support across the House for these changes—I refer to amendment 1, tabled by the right hon. Member for Basingstoke (Dame Maria Miller)—and I hope that the Minister will accept the amendments, seize the moment, take firm action and stamp out this practice once and for all.

[Maria Eagle (Garston and Halewood) (Lab)]

It is a pleasure to serve under your chairmanship today, Sir Edward. I hope the Minister will consider accepting these amendments. I can well see that he might have some concerns about what he may see as an open-ended extension of the definition of victims. I can see that, in the position he is in—deciding on policy—he may come to the view that a line has to be drawn somewhere when we define victims.

The Bill’s current definition does extend to a wide range of people, and there are other amendments and concerns that may extend that definition to an even wider range. As somebody who has been in the Minister’s position, making policy decisions about where a line ought to be drawn in the middle of a grey area, I understand that there is a natural tendency to resist. I hope he will resist that natural tendency in this particular instance, because my hon. Friend the Member for Rotherham has made a compelling case and the amendments are important.

One of the worst aspects of being subjected to this kind of behaviour is not being able to talk about it afterwards. One understands why an employer would like to obtain a non-disclosure agreement. As my hon. Friend the Member for Rotherham said, it has become a standard clause that anybody negotiating such a settlement on behalf of the employer would stick into every agreement in any instance; I imagine they are all drafted on computer systems ready to be simply splurged out at the drop of a hat. But the consequence for the individual who is signing up to the agreement—not always, as my hon. Friend has made clear, with the full information about what the legal implications are, and what they do and do not cover—can be extremely damaging, not only in the immediate aftermath of such an agreement, but possibly for years into the future.

Surely the Minister will accept, as I am sure you would, Sir Edward—although not in this Committee, of course—that the whole point of the victims code is to try to minimise the impact on victims by giving rights and access to provisions that enable them to recover swiftly from whatever it is that they have undergone that ends up causing them an issue. That is surely the very definition of what the victims code is meant to be doing. It would therefore be an omission if the amendments were not accepted.

Although I fully understand the concerns the Minister might have about extending the pool of people who may fall into the definition in the legislation, it would be remiss of the Government to exclude this particular group, who really do need such assistance. I hope that he will have something positive to say to us about these amendments when he gets to his feet.

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[Edward Argar]

I am grateful to the right hon. Lady. I do not want to test the Committee’s patience too much with the amount of notes that I have, but I will come to her point. I hope that I can give her a little succour in terms of her asks of me in her speech.

I reassure Members that if anybody suffers harm as a result of sexual abuse, bullying or harassment, where that behaviour amounts to criminal conduct it is already covered by the definition of a victim in part 1 of the Bill. Therefore amendment 1, which would include those individuals explicitly in the definition, could be deemed unnecessary, as they are already covered. However, I will turn to amendment 1 in my final remarks.

Amendments 2 and 3 seek to go further to include those who have experienced behaviour that may be covered by a non-disclosure agreement but which is not criminal. As the right hon. Member for Garston and Halewood alluded to, that would expand the definition. We are clear that we have to strike the appropriate balance in drawing the definition in a way that is practical and functional but that does not exclude those who we feel should be included. Part 1 of the Bill seeks to restrict the definition to victims of crime, and we believe that that is the right approach. However, I suspect we will debate on the coming amendments and over the course of today whether that balance has been struck and whether that line has been drawn in the right place. We may disagree on some elements; I expect we will explore that further today.

The relevant definition of a victim is focused on improving support services for victims of crime and increasing oversight to drive up standards of criminal justice agencies working with victims of crime. That does not mean that individuals who have suffered as a result of behaviour that is not criminal, albeit harmful, are prevented from seeking support. Outside the provisions in the Bill, they can still access support services where those are available to them.

Amendment 3 would require the victims code to include provisions for those who have experienced or made allegations that they have experienced sexual abuse, sexual harassment or sexual misconduct, or other bullying or harassment. It would also require the code to include provisions for those who have signed NDAs for those incidents.

It is vital that the victims code works for different types of victims. The code covers a wide range of entitlements for victims of different crimes and with different needs. To give us the broadest flexibility to serve the changing needs of victims without having to amend primary legislation, we have not explicitly listed entitlements or specific provisions for particular types of victims in the Bill, as the amendment would do. Instead, we have placed the overarching principles of the victims code in primary legislation and specified that the code can provide different entitlements for different types of victims.

We believe that is the right approach to allow the flexibility to amend the code and to reduce the risk of inadvertently excluding some groups of victims or the relevant provision that the code should make for them. The Bill as presently drafted means that the code could include provision about the matters referenced in the amendment, where they relate to victims of behaviour that amounts to criminal conduct. We have committed to consult on an updated victims code after the passage of the Bill. As mentioned on Second Reading, I am open to working with Members on whether we can go further in that respect.

I appreciate the points made by the right hon. Member for Garston and Halewood, by the shadow Minister the hon. Member for Cardiff North, and by the hon. Member for Rotherham and the sponsors of the amendments. Therefore, although I encourage the hon. Member for Rotherham not to press the amendments to a Division at the moment, I am happy to work with her and other hon. and right hon. Members, including those who support the amendments, to explore further before we reach Report stage whether there might be something we can do to help address their concerns.

As I say, I do not believe that amendments 2 and 3 as drafted are the right approach. I am looking carefully at the issues addressed by amendment 1. I am not in a position to make any firm commitments at this point, other than to work with the hon. Member for Rotherham and others to further explore this important issue. With that, I hope that she will consider not pressing this amendment to a Division.

[Sarah Champion]

I thank the Minister very much for his welcome words. I echo the point made by my right hon. Friend the Member for Garston and Halewood about the chilling effect of NDAs, and the lack of awareness of victims. That is at the nub of what we are trying to address.

I know there is a lot of interest in this issue across the House, so I will withdraw the amendment so that we can debate it on Report. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Anna McMorrin]

I beg to move amendment 10, in clause 1, page 1, line 16, at end insert—

“(e) where the person has experienced anti-social behaviour, as defined by section 2 of the Anti-social Behaviour Act 2014, and the conditions necessary for an ASB case review under section 104 of that Act have been met.”.

This amendment would include victims of anti-social behaviour in the definition of a victim.

As the Committee may be aware, our sessions in Committee will run over ASB Awareness Week, which is poignant. It is quite disappointing to be here today, fighting once again to have antisocial behaviour victims protected in the Bill.

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[Siobhan Baillie (Stroud) (Con)]

It is a pleasure to serve under your chairmanship, Sir Edward. I am interested to hear what the Minister says in response, and I hope he will take on board what hon. Members said about the changes since the previous Lord Chancellor, who was quite outspoken about these issues, was in post. It is important to investigate whether the real issue is the implementation of the existing legislation and guidance, or whether it a lack of legislation, which we can fix here.

I have been sat here thinking about how slow and clunky this place is; it has taken so long to get to this Bill. I have had two children quicker than some Government projects have been completed. It takes forever. I have also been thinking about how creative antisocial behaviour has been getting recently, and about the TikTok videos showing youngsters storming into people’s houses, often with gangs of people. That would be a one-off incident, so presumably it would not reach the threshold of the community trigger, but it leaves a victim in its wake. I also understand—please correct me if I am wrong, Minister—that trespass is not criminal if someone storms into a house but it is pre-arranged. That it is very scary, but we possibly would not reach the threshold for the victims code.

I want to know that the Department is thinking through the rise of social media, the way that TikTok is being used and how gangs of people try to harass and attack people. If this legislation is a way to address this social media stuff, which the public are pretty outraged by, we need to think that through. I want to hear that the Department has gone through case studies and interrogated to see whether a change of legislation is appropriate, or whether the Department is still satisfied that what is available would deal with this latest nonsense, because this will not stop. There will be new ways of getting at people. People called Wizzy or Mizzy or something like that will try to get their ridiculous little videos, but there are victims in the wake of those videos, so I am interested to hear the Minister’s views.

[Sarah Champion]

I want to build on the points that have been made. I will start with those made by the right hon. and learned Member for North East Herefordshire—

[Sir Oliver Heald]

Hertfordshire.

[Sarah Champion]

I apologise—Google is not what it used to be.

[Sir Oliver Heald]

Google is not that broad.

[Sarah Champion]

We are off to a bad start now, aren’t we?

Some levels of antisocial behaviour are a crime, so they would immediately fall within the proposals, but many victims of antisocial behaviour are not covered by the victims code, which means that they do not have access to the support and information found in it. In particular, that means that they do not have the right to be referred to support services and that PCCs face spending restrictions on victims funding for antisocial behaviour support services as a consequence. The cumulative nature of what would be seen as low-level annoyances literally drive people insane, get them to move house and have them in a constant state of anxiety. In amendment 10, it is clear where that threshold is. On the points that my right hon. Friend the Member for Garston and Halewood made, that needs to be recognised in black and white so that the services, particularly the police, recognise the significance to people’s lives of antisocial behaviour and view it as something that ought to be covered under the victims code.

I also say to the Minister that this issue was raised a lot on Second Reading and was highlighted by witnesses. As my hon. Friend the Member for Cardiff North said, the former Victims’ Commissioner, Dame Vera Baird, called for this specific thing in an evidence session. To be specific, she emphasised the fact that

“this Government legislated well to introduce something called the community trigger”,

so that

“when it escalates to a particular level, you have a series of remedies to get all the agencies together to put it right.”––[Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 27, Q62.]

If the antisocial behaviour gets to that level—amendment 10 seeks to address this—those affected must be classed as victims under the legislation. I really think that the amendment would ensure that victims of persistent antisocial behaviour would be entitled to the rights as they are set out in the victims code and, hopefully, the victims Act, so I support the amendment.

[Edward Argar]

I am grateful to the hon. Member for Cardiff North for her amendment and for providing us with the opportunity to debate this issue. I suspect that we will return to it again, but this is a useful opportunity that allows us to get into more detail than is perhaps possible on Second Reading.

The amendment would include victims of antisocial behaviour in the definition of “victim” if they have suffered harm as a direct result of the conduct. As the hon. Lady sets out in the amendment, it would use the definitions in the Anti-social Behaviour, Crime and Policing Act 2014 and would therefore cover

“conduct that has caused, or is likely to cause, harassment, alarm or distress to any person…conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or… conduct capable of causing housing-related nuisance or annoyance to any person.”

Therefore, that would also include non-criminal antisocial behaviour.

The Government agree with the hon. Lady that antisocial behaviour is a blight on our communities, and the impact on individuals cannot be overestimated. It is a national issue and it has a huge impact. Every Member of the House and of the Committee has probably dealt with casework on behalf of constituents relating to antisocial behaviour. As Dame Vera kindly acknowledged, that is why the Government took action on the community trigger, which helped to address the line between what is criminal conduct and what falls short of it.

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“Who decides what is criminal behaviour?”—[Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 27-28, Q62.]

[Sarah Champion]

I might have cut the Minister off too soon—he might be about to answer my question—but this is about the persistent level of low-grade behaviour, which would not reach the criminal threshold. It is like a dripping tap or a mosquito buzzing in the room; that is what really drives people into frustration.

[Edward Argar]

I was about to come to that point, so the hon. Lady’s intervention is prescient.

All of the speeches that we have heard have acknowledged that the behaviour that is being referred to is often criminal, even the low-level behaviour. The shadow Minister, the hon. Member for Cardiff North said that if something is thrown in the direction of an individual or if plants are trampled, that would be criminal behaviour. It may not be charged as such, but it would still entitle people to those rights under the code.

Dame Vera’s key point was about who decides what criminal behaviour is, how we ensure that people know that those rights are available to them and that the service providers acknowledge that those individuals are entitled to those rights. The behaviour we have heard about is included, but we do not believe that including it in the Bill in this way is the right approach to address the issue, to raise that awareness and to ensure that people can access the rights that are already there. However, I will turn to that in just a second. The right hon. Member for Garston and Halewood again managed to pre-empt an element of what she thought I would say in my speech, and she is not inaccurate in her presumption.

A point was raised about the previous Lord Chancellor, my right hon. Friend the Member for Esher and Walton. My only reflection on that is that, first of all, in my recollection—the right hon. Lady is right that this is going back a while—the articles cited an unnamed source and Government sources. We on both sides of the House have experience of how that can work. That is not official policy, but I will mention, on official policy, that that Lord Chancellor confirmed the content of the draft Bill and the full Bill, so it is not accurate to suggest a U-turn. It was the same Lord Chancellor who confirmed what we are debating today as what he wished to see in legislation.

My hon. Friend the Member for Stroud raised a number of points. We do not believe that a lack of legislation is the challenge here. We believe that there are key aspects, which the hon. Member for Cardiff North rightly highlighted, about raising awareness and the different public authorities and bodies engaging in a concerted manner to tackle the problem—treating it seriously and suchlike—but we do not believe that putting something in the Bill is the right way to raise awareness and to change those behaviours.

My hon. Friend raised some particularly distressing cases that have recently been on social media. I tread warily because I am not a lawyer—I am looking at one or two of the lawyers across the room—but she is right to say that trespass is a civil offence. I want to be careful, because I do not know the details of each of those incidents, but it is quite possible that a number of those incidents reported on social media may well have encompassed elements that were criminal in what was done. However, as a non-lawyer, I am cautious about saying that with any certainty, without knowing the details of the cases. Again, in those cases where there was an element of criminality, those individuals would be encompassed under the provisions for support under the victims code and in the legislation.

As Dame Vera alluded to, a significant number of individuals who have been harmed by antisocial behaviour are already defined as victims under the Bill. The definition as drafted covers a huge range of antisocial behaviour: where the behaviour itself is a criminal offence, such as criminal damage; where the behaviours, when taken together, constitute a criminal offence, such as harassment; or where a civil order has been breached, thereby incurring criminal penalties. In essence, where the antisocial behaviour amounts to criminal conduct, victims harmed by that behaviour can already benefit from measures in the Bill.

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[Anna McMorrin]

Absolutely. That illustrates yet more child criminal exploitation. The whole thing is just horrific and absurd, which is why this issue needs to be addressed.

Back to Robbie. As the drugs that he had been selling were confiscated by the police when he was picked up in the raid, there was debt bondage in Robbie’s case, as he now owed the groomer money for the drugs that had been lost. In turn, that resulted in threats to him and his family. The programme then worked with the police to complete intelligence forms and make sure that Robbie’s safety was paramount. It put markers on the home and made sure that the police were aware of the situation, so that they could respond quickly if anything happened. The programme supported Robbie to continue his education.

Amendments 17 and 18 are absolutely vital to make sure that we take the necessary steps to protect vulnerable children and to focus agencies’ attention on the adults who exploit them and are linked to the much, much more serious crimes that are taking place. Protecting children and bringing true criminals to justice—I do not see how anyone, least of all the Government, can object to such a notion. I will push the amendments to a vote later, but I hope the Minister will seek to include them in the Bill.

[Sarah Champion]

I start by apologising to the Committee. For each month that the Bill was delayed, I tabled another amendment, so I have quite a few today.

I will speak to amendments 51 and 52, which stand in my name, and then to those tabled by my hon. Friend the Member for Cardiff North. My amendments seek to provide a definition of adult sexual exploitation and are informed by my experiences of child sexual exploitation. I hope to make the argument that one very often blurs into the other, and the same arguments stand for both.

In 2009, the Department for Children, Schools and Families introduced a statutory definition of child sexual exploitation for the first time. I can honestly say that it has been transformational in ensuring that child abuse and exploitation are understood and that children receive the necessary support. We now need to accept in this Committee that adults can also be sexually exploited.

The STAGE group is supported by the National Lottery community fund and my hon. Friend the Member for Birmingham, Yardley. It is a fantastic group that highlights the nature and extent of the sexual exploitation of adult women across our communities and seeks to change legislation to give them better support. STAGE brings together a number of charities to provide trauma-informed support for women who have been groomed for sexual exploitation across the north-east and Yorkshire—including, in my constituency, the amazing organisation GROW, which I say to the Minister is severely underfunded at the moment.

Adult sexual exploitation is a specific form of sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a person aged 18 or over into sexual activity, usually in exchange for something that the victim needs or wants—often drugs, alcohol or indeed love. It is also usually for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears to be consensual. It can happen online as well, of course. The victims cannot give informed consent if they see no reasonable alternative to engaging in the activity, or if they have a reasonable belief that non-engagement would result in negative consequences for themselves or others.

Adult sexual exploitation does not always involve physical contact; it can also occur through the use of technology. My amendment 52 reflects the wording used in the statutory definition of child sexual exploitation, which the Government already use. The Government need to accept that not just children are exploited: many women—it is usually women—are exploited as adults, too. They are victims and deserve support, and that begins with ensuring that their abuse is recognised through a statutory definition of this form of sexual abuse.

One case study from the STAGE group is N, whom I will keep anonymous. N is a 22-year-old first-generation British Pakistani woman, who grew up in Leeds in a devout Muslim household. From a young age, N began experiencing sexual abuse from a male in her extended family. N began to spend more and more time outside of the family home; she could not talk to her family about the abuse because she did not want to be seen to bring shame into the household. During her time spent out of the house, N was introduced to a “friend”, whom I will call H.

H began to groom N, supplying her with drugs and alcohol to the point where she developed a dependency. He used her fear about shame as a form of control—to ensure that she did not speak out about the abuse he would subject her to. N was 15 at the time. Between the ages of 15 and 18, N was seen as a victim of child sexual exploitation. She was trafficked around Yorkshire by H, being picked up in taxis and taken to properties to be raped repeatedly. Professionals did all they could to safeguard N, but the abuse continued. N experienced a breakdown in her mental health due to the repeated trauma that she was experiencing, and she began drinking heavily on a daily basis.

When she was 18, the exploitation continued on a weekly, sometimes daily, basis. However, since she moved into adult services, the police and adult social care brought into question whether N was making “unwise choices” in respect of whether she was getting something out of these exchanges. So N was seen as a victim of child exploitation while she was 17—364 days—but the following day, when she turned 18, this victim of adult sexual exploitation was making “unwise choices”.

A lot of work from STAGE partner Basis Yorkshire was put in place, including advocating for N—although she was not a child any more, by law she was experiencing sexual exploitation. Over the past few years STAGE has lobbied health, police and social care services to ensure that N is recognised as a victim of grooming and exploitation. Although she might seem to “choose” to get into a taxi or to meet H or one of his associates, that is in fact a result of the coercion and control that takes place in grooming and exploitation. In legislation we recognise coercive control.

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[Jess Phillips]

I should declare that I am chair of the STAGE group. Is my hon. Friend concerned, as I am, at the disparity when it comes to women who are British citizens? When sexual exploitation is considered as part of human trafficking, a foreign national is far, far more likely to be considered a victim than a British person. In many regards, British victims of sexual exploitation—adults and children—get lesser services.

[Sarah Champion]

Sadly, I am concerned and I absolutely agree. That is partly why we need a definition. The national referral mechanism was mentioned. By moving a person from one side of the street to the other they are trafficked, so they could fall under the national referral mechanism for modern slavery or just be prosecuted. But without a definition, services are not taking a joined-up approach and using the resources already in place.

The same arguments about choice and risky lifestyles in relation to adult victims of sexual exploitation were used in Rotherham. Having a definition would mean police forces being trained in what the definition means. Legal arguments would be put forward, and judges would receive training so that when they saw a young person in front of them they would understand that their behaviour was a symptom of being sexually exploited. There is a domino effect once a legal definition is in place. That is what happened with child sexual exploitation, so I hope that that will happen with adult sexual exploitation. I will come on to child criminal exploitation, but I have said to the Minister what needs to happen with adult sexual exploitation.

Manipulation by perpetrators, cultural expectations and family and community dynamics make it difficult for women to identify that they have experienced abuse. But sadly, sexual exploitation, as I have said, is not widely understood by professionals. It is vital that the Ministry of Justice use the Bill as an ideal opportunity to create a statutory definition of adult sexual exploitation to ensure a consistent understanding and recognition of the ways that sexual exploitation continues and presents itself in adulthood.

Amendments 51 and 52 would be a huge step in the right direction by recognising people who have experienced adult sexual exploitation as victims and entitling them to the crucial support available under the Bill. That must also come, of course, with support and funding for training to be given to police and justice staff to identify the signs of sexual exploitation.

I will now speak in support of amendments 17 and 18, which are about the definition of child criminal exploitation. The amendments would place a statutory definition of criminal child exploitation in law for the first time by ensuring that children who are being exploited are classed as victims under the Bill. Child criminal exploitation is the grooming and exploitation of children into criminal activity. There is a strong association with county lines, but it can also involve moving drugs, financial fraud and shoplifting on demand. That our laws catch up with our reality and realise the harm and damage that those criminals are causing children is long overdue. The true scale remains unknown, as many children fall through the cracks, but we have some evidence that indicates the scale of the abuse.

The former Children’s Commissioner estimated that 27,000 children are at high risk of gang exploitation. During 2020, 2,544 children were referred to the national referral mechanism due to concerns about child criminal exploitation, and 205 of those cases involved concerns about both criminal and sexual exploitation. The pandemic has only made the situation worse. Children in Need reported that during the pandemic children faced an increased risk of online grooming or exploitation due to time online, not being at school or college, and increased exposure to harmful online content such as inappropriately sexualised or hyper-violent content.

In the evidence sessions last week, the current Children’s Commissioner fully supported introducing a statutory definition of child criminal exploitation. She explained that the situations facing the children affected are very complex and that police make many feel like criminals rather than victims, as my Front-Bench colleague, my hon. Friend the Member for Cardiff North, highlighted.

It is clear that thousands of children are being criminally exploited every day and the response for those children must be immediate and properly resourced. Experts believe that a lack of understanding of child criminal exploitation prohibits an effective and joined-up response. The lack of a single definition means that local agencies respond differently to this form of exploitation across the country. The Children’s Society data shows that a third of local authorities had a policy in place to respond. That means that two thirds do not. Given the nature of this exploitation, a national shared understanding is imperative. That is what a definition would provide.

Let me for one moment contrast the situation with that of the response to child sexual exploitation, which I spoke to on a previous group of amendments. Police officers across the country say to me that, because the police and politicians understand CSE, the police get resources specifically to address CSE. That is great and I support that provision, but it takes away from the resources we need for CCE. They are treated as two separate issues, even though the same gangs often promote both forms of exploitation. They are using these children for criminal exploitation, whether that be sexual, drug running or shoplifting. Accepting the definition would mean that we see criminal exploitation of children and sexual exploitation of children just as “exploitation of children” and we can pool the resources and expertise to try to prevent this crime.

Many children who are criminally exploited receive punitive criminal justice responses, rather than being seen as victims. Again, I take colleagues back; that is what happened 25 or 15 years ago with child sexual exploitation victims.

[Rob Butler (Aylesbury) (Con)]

The hon. Lady is making some incredibly powerful points and I have sympathy with a lot of them, but on several occasions, she has mentioned circumstances that would constitute criminal conduct. For example, she talked about victim N, who was raped. Rape is clearly criminal conduct. Does she accept that children in that situation would be covered by the provisions in the Bill?

Secondly, she is making a point about how young offenders are dealt with. I am a former youth magistrate and member of the Youth Justice Board. Does she accept that the judiciary dealing with young people are now trained and encouraged to find out whether the defendants in front of them have been subject to this kind of exploitation, and that that is therefore considered in the way that they are dealt with?

[Sarah Champion]

I will deal with those points in reverse order. My first reaction is to question why they were in front of a magistrate in the first place. How have those children gone all the way through the system to be in front of a magistrate, rather than it having been recognised at a very early point that there is something going on with the child? Why is a 15-year-old repeatedly running drugs across county lines? What is happening? What is behind that? The professional curiosity is not there.

That leads me to the hon. Gentleman’s opening point. Of course, raping a child or raping an adult is a crime. We all recognise that. First, there are very low levels of reporting, and—as I hope I made clear with the adult sexual exploitation argument—a lot of people do not recognise it. They just think, “I’m a drug addict. He’s my dealer. I have to do this in order to get my drugs.”

First there is the reporting situation, and secondly there is recognition. In the case of N, she was seen as putting herself in a risky situation, so she would not be seen as a credible witness. We are not seeing the overall picture and the patterns of behaviour—the fact that the same children might be in the same location day after day—and then going back upstream to see what the motivator is and who is controlling the situation. I hope that having the definition of both terms will enable the police forces, the judicial services and the support services to see the broader picture and place the victim in that broader context. That is where I am coming from with both amendments.

[Rob Butler]

The hon. Lady posed a direct question to me. In terms of those young people coming before the youth courts, will she acknowledge that there is now a far greater use of diversion at the very early stage by the police and youth offending services, which means in fact that far fewer young people are coming to court? I was directly addressing the situation she raised about what happens when they are in front of that judicial process. In fact, there has been a huge amount of progress in trying not to bring children in front of magistrates or judges if it can possibly be avoided. Does the hon. Lady accept that there will be occasions when the level of offending is so great that society rightly demands that those people must face justice, at which point judges and magistrates can consider all the factors in determining what action to take?

[Sarah Champion]

I fully accept the hon. Gentleman’s points. There was no criticism implied, but I will give one example. In 2013 I worked with Barnardo’s, and we did an inquiry to see whether the justice system was fit for purpose for child sexual exploitation cases. Something that we found, which I alluded to, was that when a victim was in front of a judge as a witness, they were often seen as chaotic, aggressive and unreliable. We identified that if the judges had training on what a victim of child sexual exploitation presented like or as, it would make a difference. Indeed, it has made a dramatic difference now that that training has been rolled out.

If we got the definition of child criminal exploitation, a judge would automatically get training on the identifiers, so one would hope that the outcome would be more informed on the basis of having understanding of the young person in front of them, rather than just looking at the crimes. That is not to say that there will not be young people who are bad ’uns, who will use this and exploit what they see as a “get out of jail free” pass—I fully accept that could happen—but if the judge has a proper understanding of criminal exploitation, one would hope that they would then be able to challenge that a little more from an informed position and make the right decision for the young individual in front of them.

I have now covered quite a lot of my points—happy days! Another thing that really frustrates me is that many children who experience child criminal exploitation come to the attention of services once they are arrested for crimes. Again, if we had the definition in place and the awareness in the services, one would hope that the child presenting would be seen as a warning sign, rather than as a criminal. Individuals who exploit children for criminal activity are not being held to account. As my hon. Friend the Member for Cardiff North said, only 30 charges under the Modern Slavery Act 2015 were flagged as child abuse in 2019-2020, against the 22,000—I think that was the figure—recognised by the Children’s Society in the same period.

Organised crime groups are aware of this situation and they are deliberately targeting children, because they know that by putting them on the frontline, it is much less likely that they themselves will be in the dock. The Government rightly adopted the statutory definitions of domestic abuse, coercive control and child sexual abuse, so I urge the Minister to do the same for vulnerable children experiencing criminal exploitation; they are victims, just as children of CSE are victims.

I will end with an example. I imagine that two thirds of Members, if not more, get here each week by train. I set those Members a challenge: speak to a train conductor, and I guarantee that they will be able to give daily examples of child criminal exploitation. They see the children going backwards and forwards, often without tickets but often with tickets paid for by the gang leaders. On my train, staff say that now they do not even bother looking for the children, because the common denominator is the bag that they carry either the drugs or the money in. It is different children going up and down, up and down, up and down—so conductors look for the bag and then report it to British Transport police.

British Transport police is funded by the railways. The service has a small budget and there are very few officers, so the likelihood of one being there when that train arrives is slender. Organisations like Railway Children try to support those children, but I guarantee that if Members speak to the conductor on their train, they will say, “Yes, that is happening on my train.”

[Lia Nici (Great Grimsby) (Con)]

We are all very concerned about the example given by the hon. Lady. Why are the conductors and British Transport police not reporting those children to the police? That does not seem to be to do with the Bill; it seems to have something to do with what is happening in our criminal reporting processes.

[Sarah Champion]

Sadly, they are reporting it to the police, but the scale of the issue is so enormous and the resources are so intensive that nothing happens. I suggest the hon. Lady speak to her conductor. Normally what happens is that the child will be offered some support, but will then be very up front with the conductor, saying, “No, no—it’s my bag!” and so on. The child then gets off and there are not the resources to have a member of the British Transport police there, and that genuinely is not a criticism of them; I think there are only 4,000 officers for the whole country.

[Lia Nici]

I mean the police—not the British Transport police.

[Sarah Champion]

British Transport police are the specific police for incidents that happen on the railways and transport networks. Even if we were looking at the Metropolitan police—I am going back and forth to London—the scale of the issue is so enormous that there is not the capacity to deal with it.

[Jess Phillips]

As somebody who has called the police in those circumstances, we are talking about a nine-day wait for anyone to come out. That is a problem.

[Sarah Champion]

Minister, it seems a ridiculously simple act to accept these two definitions, but the cascading of support and recognition within the victims code and our justice system would be enormous as a consequence. I have seen that at first hand with child sexual exploitation. I urge the Minister to look seriously into the two definitions.

Ordered, That the debate be now adjourned.—(Fay Jones.)

Victims and Prisoners Bill (Fourth sitting)

Sarah Champion Excerpts

Committee stage
Thursday 22nd June 2023 Public Bill Committees

[The Chair]

I am afraid we only have half an hour. Why don’t we just take questions—then perhaps you can add some points. Is that all right?

Jenni Hicks: Well, there’s something important that I would like to say. I won’t read the whole thing; I will just jump about a little bit.

It took me and the other bereaved Hillsborough families 23 years of campaigning to finally hear from the Hillsborough Independent Panel in 2012 the truth about how our loved ones had died. It then took another four painful years to finally have, in 2016, the correct inquest verdicts that all 96 victims had been unlawfully killed, which I am sure you know is gross negligence manslaughter to a criminal standard. Importantly, the 96 innocent children, women and men—the Liverpool fans who had been cruelly blamed for causing the disaster—were also exonerated at the inquest of any blame whatsoever.

Here we are 26 years later to hear that truth. That can’t happen again. It mustn’t. Other families must not suffer what the Hillsborough families suffered. I mean, 26 years is over a quarter of a century of your life, just to have the truth and the correct inquest verdict. That cannot be allowed to happen. This is why I wholly support an independent public advocate—I keep stressing “independent” because the clue is in the title—and an independent public advocate team. In my opinion, it must be set up in the same way as the Hillsborough Independent Panel was. All the documents should be available to the independent public advocate and his team or her team right from the very start. People should not have to wait 23 years to have documentation of the truth. That is a summary of what I am saying in these notes.

The other point I made in these documents—as you say, I do not have time to read it all out now—is the fact that as it stands at the moment, the Government’s suggestions for an independent public advocate just would not work. It would just not be independent, because it is too dependent on the Minister. It seems that the supposedly independent public advocate will be answerable to the Secretary of State, which does not sound like independence to me.

[Sarah Champion (Rotherham) (Lab)]

Q Who should they be accountable to?

Jenni Hicks: Well, if they are an independent public advocate, they should be like the Hillsborough Independent Panel were; they did not have to answer to anybody. They looked in, saw the documentation, and then reported on what they saw. They were not answerable to anybody, I don’t think. Is that correct, Maria?

--- Later in debate ---

[Rob Butler]

You have made those points incredibly powerfully. Thank you.

[Sarah Champion]

Two quick questions from me. First of all, can I just say thank you so much for coming and sharing your experiences? I am so deeply sorry for what you and so many others have gone through.

Jenni Hicks: Thank you for having me.

[Sarah Champion]

Q How soon do you think an independent advocate needs to be in place when there has been one of these major disasters?

Jenni Hicks: How soon can you do it?

[Sarah Champion]

One of the examples that we heard from earlier witnesses was that they have a series of people who are on stand-by, so they could literally come in immediately.

Jenni Hicks: I didn’t realise that.

[Sarah Champion]

Q Is that something that you would think is a good idea?

Jenni Hicks: Yes. I think it has got to be immediately.

[Sarah Champion]

Q Why is that important?

Jenni Hicks: Because, certainly in our case, there was a huge cover-up. The longer you wait, the longer the cover-up stands, so it has to be immediately. Also, it is in the immediate aftermath that the victims’ families need the support anyhow, so it has to be as soon as. In fact, I think there should be somebody in place or on stand-by.

[Sarah Champion]

Q I really hope that it is not inappropriate to ask my next question. My hon. Friend the Member for South Shields (Mrs Lewell-Buck) has put down an amendment because some of her constituents died in the Manchester Arena attack. Because they were children, the families have not been able to register the deaths—the coroner has. Is it important for families to be able to register the deaths of their loved ones?

Jenni Hicks: Oh yes, and to have the correct cause of death on the death certificate.

[Sarah Champion]

Q Why is that important?

Jenni Hicks: I have four death certificates for Sarah and Victoria. The first two said, “Sarah Louise Hicks. Cause of death: accidental death”, and the same for Victoria, who was 15. Twenty-three years later, we had the death certificates reissued and they said, “Sarah Louise Hicks; unlawfully killed” and “Victoria Jane Hicks; unlawfully killed.” That is very important—extremely important. I agree with the family from South Shields.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

Q Obviously, the second inquest with Sir John Goldring in charge was after the report by Bishop James Jones and his team. Did you feel that the second inquest was better conducted and gave more of a chance for the victims and their families to express their case? Do you think that that was because of the report that had been done?

Jenni Hicks: Certainly, because we finally had the evidence of what had really happened and the second inquest got to see that evidence where, in the first inquest, because of the 3.15 cut-off, how the victims died and how long they lived afterwards was not put to the jury, because the jury did not ever get to see that evidence. It was deemed at the first inquest that everybody who died had received their injuries before 3.15, which was blatantly untrue. That is why I am saying the transparency of and having that documentation and evidence, if you want to get the right inquest verdict, is imperative.

Victims and Prisoners Bill (First sitting)

Sarah Champion Excerpts

Committee stage
Tuesday 20th June 2023 Public Bill Committees

[The Chair]

You have three minutes left.

Nicole Jacobs: Sorry. This is my job—I could talk about it all day. I think there is real scope to better define what good looks like for that, and that will impact the victims code and compliance with it. It impacts the multi-agency working at the local level. That would be a huge step forward.

[Sarah Champion (Rotherham) (Lab)]

Q I have some very quick questions, with hopefully very quick answers. On that particular point, is it more important to describe the skills or the job title?

Nicole Jacobs: The skills.

[Sarah Champion]

Q Thank you. Under duty to collaborate, you spoke about a joint strategic needs assessment. I like that a lot. Who would the responsibility for that sit with? Would it be your role or the Secretary of State’s?

Nicole Jacobs: No, I see that a lot more as a role at the local level.

[Sarah Champion]

Q But who has oversight at a national level? Who enforces the gaps?

Nicole Jacobs: I would have thought the Secretary of State, but I don’t know. You will be the best people to decide those kinds of things.

[Sarah Champion]

Q You said that 70% of the services are led by the voluntary sector. How do you compel them to fill the gaps?

Nicole Jacobs: Of the services that domestic abuse victims access, 70% are community-based services. Having worked at them, I can say that you do not need to compel them to fill the gaps. They exist only to provide those services, and they desperately want to provide more. They will engage with absolutely any process that would help fill gaps for the people they are working with.

[Sarah Champion]

Q So if there is a dearth in Redditch, you would expect an organisation from, say, Peterborough to go and fill that gap?

Nicole Jacobs: I would expect there to be a meaningful assessment at the local level—a joint strategic needs assessment—where the potential funders come together alongside service providers and experts in their area and think very critically about what opportunities they have. That will not be totally precise, because some of it would depend on bidding, so they would have to decide together.

[Sarah Champion]

Q How could the Bill support migrant victims and survivors better?

Nicole Jacobs: The Bill could open recourse to public funds to all survivors. It could also create a firewall between the police and immigration enforcement so that people who are desperately needing protection would not fear calling or talking to services because of negative repercussions. They would just know that they would be made safe. They would have safety before status.

[Sarah Champion]

Thank you.

[The Chair]

I am afraid that that brings us to the end of the time allotted for the Committee to ask questions. I thank the witness, on behalf of the Committee, for giving evidence this morning.

Examination of Witnesses

Jayne Butler, Ellen Miller and Dr Hannana Siddiqui gave evidence.

--- Later in debate ---

[Elliot Colburn]

In the interest of time, I will cede the floor to my colleague.

[Sarah Champion]

Q Thank you. I have a couple of questions and the first is for Jayne. The Government have come forward with some guidelines on counselling records. Do you think they go far enough? What do you think could be in the Bill to strengthen the use of—or lack of use of—counselling records in such cases?

Jayne Butler: The announcement made in the Bill does not specifically mention counselling material. In our opinion, it does not bring about any new protections, but just effectively reinforces what already exists in law around the Data Protection Act.

[Sarah Champion]

Q What would you like to see?

Jayne Butler: What we would like to see is a model that changes the legal threshold for access to survivors’ counselling records. This is not a blanket ban. What we are asking for is a test of substantive probative value. Again, we have seen this be successful in other jurisdictions. It would mean that CJS agencies have to make applications for access to a judge. There would be judicial scrutiny at two stages: a first one at the stage of access to the police, and a second one if it gets to the stage of being disclosed to the defence. It really protects that without, we believe, compromising any right to a fair trial or any rights that a defendant might hold in that circumstance. We have put a detailed written submission in to the Committee about this.

[Sarah Champion]

Q Dr Siddiqui, you contradicted yourself a little when you talked about ISVAs and IDVAs, because you started saying that there should be a statutory definition, and then you said that there should not be. Could you clarify that?

Dr Siddiqui: There should not be a statutory definition, because under the current meaning of ISVAs and IDVAs, they tend to be criminal justice-focused and only deal with high-risk cases. They do not deal with the wider forms of advocacy services we provide, which tend to be on the whole more holistic and do not just focus on the criminal justice system; they look at the family court, the health and welfare system and provide services over a long period of time to women. It also does intersectional advocacy, which is about looking at a whole range of different issues, but it also looks at equalities.

Not all of them fit into the current definitions, and I think that if you define it, it will narrow what the definition is of an ISVA or IDVA. That means that the local commissioning bodies may not fund those services. The current services, of which a lot are run as “by and for” services that do not fit the current definitions, will not get funding. Historically, they are underfunded anyway, so they could disappear as a result.

[Sarah Champion]

Q I look to the Minister at this point; I spent five years of my life trying to change positions of trust, because the definition of the people who came under it was accurate, but specifics about the type of people were not future-proofed and were too narrow. Would you rather see a definition that is future-proofed about the services that are delivered?

Dr Siddiqui: Yes, I think that a range of services—holistic services—are what the IDVAs should be dealing with. That is not just for high-risk cases. I would include medium and standard-risk cases, because risk changes rapidly. The models that exist for the community that are provided by the “by and for” sector include a whole range of things, including support services, outreach services, helpline advice and advocates. They do not fit the current models. The current model has always been restricted, and we have said so. Defining it in law means we could lose the funding we currently have for the range of services we offer.

[Sarah Champion]

Q I have a broad question, Dr Siddiqui. We heard from the Domestic Abuse Commissioner about the map she has done for services. Historically, support for black and minority victims has been very low. What could the Bill practically include that would address that, so that we have a more equal service for access to justice as well as support services?

Dr Siddiqui: We would like a ringfenced fund that provides sustainable, multi-year funding to the “by and for” sector from central Government. There should be a duty to fund those services. I think the DA Commissioner estimates that there is about £300 million you need to give for the by and for sector. Imkaan, which is a voluntary umbrella organisation, estimates that £97 million is needed just for the “by and for” sector in black and minority communities. There needs to be sufficient funding that is long-term and provides holistic services that victims need in the community.

[Sarah Champion]

Q The victims code is good. We love it, and people need to know about it. What about in different languages and different formats? Is it accessible to everyone as it stands?

Dr Siddiqui: No, most of the women we help do not actually know about the victims code. There needs to be far greater awareness, and it needs to be more inclusive in terms of language. It needs to be very explicit about protected characteristics and around migrant victims in order for it to reach and include everyone.

[Rob Butler]

Q Dr Siddiqui, you just mentioned a total of £397 million specifically on the “by and for” sector. Do you have an estimate of the funding that would be required to achieve all the aims that you have described this morning and the places where you have said there needs to be additional funding?

Dr Siddiqui: I wish I had the time to do that. I do not have an estimate, but I know that others have done those calculations. The Domestic Abuse Commissioner has done a calculation, which is about £300 million. Women’s Aid, Rape Crisis and Imkaan are all organisations that have done an analysis of what is needed.

--- Later in debate ---

[Siobhan Baillie]

Q How do you think removing the interaction with the Home Office would work if the victim has also committed a crime? We all know that there are a lot of chaotic lives and that there have been lots of problems—victims can be criminals, too. How do you see that working?

Dr Siddiqui: If the migrant victims have done a crime, the police do their normal duties to investigate crime. It depends what that crime is. If they are seen as immigration offenders first and foremost, rather than victims first and foremost, they will not get any of the help and support they need. They do not even have a chance to get legal advice on their immigration status before they are reported. They do not have a chance to go to a “by and for” organisation to get any support or advocacy, so it is essential that they have the chance to do that before there are any kinds of communication with the Home Office. Usually, that communication should be done through their legal representatives, rather than by the police.

A lot of police officers say to us that they do not agree with the fact that there is no firewall. A lot do not even realise that there could be negative consequences if they report migrants. There is some international work, and even some in the UK, on having good guidance or a firewall. For example, there has been work in Amsterdam and in Quebec showing that a firewall works. The potential for abuse is minimised. In Northumbria and Surrey, the police are all looking at ways for how to improve responses to migrant victims without reporting them to the Home Office as their first response.

[Sarah Champion]

Q May I push a little more on the siloing? You are not saying it is either/or: so if they were criminal, a criminal case could be going on for this person, but when looking at their domestic abuse, that would be protected. You could have the two things happening at the same time.

Dr Siddiqui: If they have committed a crime, of course they need to be investigated like anyone else.

[Sarah Champion]

Q But you are saying that if they came as a victim of crime, they would not necessarily share that with the Home Office.

Dr Siddiqui: Yes; there is no automatic sharing of data.

[Sarah Champion]

Q The Domestic Abuse Commissioner spoke very highly about specialist services and their outcomes. We are also talking about a proper geographical spread of services. Are there enough specialist services to fill the geographical need, and what would happen once we have identified gaps? Who would fill those gaps?

Dr Siddiqui: No, I think there is a postcode lottery. “By and for” services, in particular, are very thin on the ground. Even in areas where there is a high black and minority population, “by and for” services are not necessarily commissioned locally. That is why I am saying that the duty to collaborate is not enough. You have got to have a duty to fund and you have got to have ringfenced funding, particularly for “by and for” services and specialist services, for that to work. At the moment, the system does not work and I do not think that this will necessarily improve it enough.

[The Minister of State, Ministry of Justice (Edward Argar)]

Q I have a very brief question. I return to the point about funding, which you have both alluded to in different ways. Notwithstanding the very large funding increase—a quadrupling since 2010—you have both highlighted a gap between demand and supply, essentially, in this space. Although, funding and spending commitments should clearly not be made in individual Bills—that should be done in a public spending process in the round, because funding is finite and has to be set against other demands on the public purse—and without prejudice to your position on that, given that context do you see a potential value in the Domestic Abuse Commissioner’s point about a joint strategic needs assessment improving the efficacy of the existing funding spend and it being used in a less duplicative way, to plug gaps? Notwithstanding your position that you would like to see more funding, do you see a value in what the Domestic Abuse Commissioner is advocating—to better spend the money that is already allocated?

Dr Siddiqui: A joint SNA is important if you are going to have collaboration at a local level and it will help to highlight which gaps could be filled by which agency, but at the moment some of that work is being done locally and some of the gaps are still not being filled. For those with no recourse to public funds, there are hardly any services on the ground. For those from black and minority communities, or “by and for” services, there is hardly any funding in the local area—so even where a gap may have been identified, there is not the funding to fill it.

Jayne Butler: There has been a little bit of work done on this, in terms of the recommissioning of the rape support fund and thinking about how to share that geographically. The result, when you have the same pot overall, is that you end up reducing services in some areas. If we start to look at where the gaps are, but we do not put any more funding in, and we are just revisiting what is already there, the result will be that some services that are funded now, which have high demands, will be reduced. There is nobody sitting there who is seeing people within a week, or sometimes even a month or six months.

--- Later in debate ---

[Elliot Colburn]

Q Briefly, you said in relation to the duty to collaborate that there should also be a duty of accountability. Following on from my colleague Rob’s line of questioning about the distinct nature of youth justice and youth crime, who should be responsible for overseeing that duty of accountability? We heard from the Domestic Abuse Commissioner that it should be the Ministry of Justice, but in the case of children do you think that should be your office or another body, or should it be the MOJ?

Dame Rachel de Souza: We heard a lot from the people before me about how services really are not set up for children, and we have started to talk about how they can be set up to deliver for children. Ultimately, of course, Government and Government Departments have a responsibility, but I think it is about ensuring accountability at local level as well. It is always going to have to be multi-agency, because there are different strands of support for children, but we need to find a way, and with children it is probably in relation to the victims code. There is some value in focusing on youth justice holding that, but we need to try to go for the holy grail, which is to make multi-agency support work. I do not want to sound like a broken record, but I think that looking at how the Lighthouse has done it in Camden, where it has drawn together the different strands of health, social care, policing and youth justice, and actually made that work, can give us a blueprint for how to go forward.

[Sarah Champion]

Q Children of paedophiles really suffer adversely. Should they be regarded as victims in terms of the definition in the Bill, so that they can get the information and support services they need?

Dame Rachel de Souza: Yes. I was so delighted during the passage of the Bill that Daisy’s law was taken seriously; we worked with Daisy. I think that is a really important step forward, and I feel similarly about children of paedophiles, because it will be the same argument.

[Siobhan Baillie]

Q I did some work on reducing parental conflict programmes. We know that even when there is simmering resentment and low-level arguing around children, it is problematic. What does the Bill do to improve services and checking in with children even when there is no direct harm? The child may not have been in the room when a parent was harmed, but we know it will still have an impact on them. How does the Bill improve those services—checking in, going through and making sure schools are involved?

Dame Rachel de Souza: We have good intentions, but what will be important is that that is in the VCOP and that we operationalise it properly, because I absolutely agree with you that when these situations arise, the earliest possible intervention to deal with parental conflict is what needs to happen.

I think we have—

Oral Answers to Questions

Sarah Champion Excerpts

Tuesday 16th May 2023 Commons Chamber

[Sir Mark Hendrick (Preston) (Lab/Co-op)]

1. What recent estimate he has made of the size of the backlog of criminal court cases in Preston constituency.

[Sarah Champion (Rotherham) (Lab)]

11. What steps he is taking to tackle court backlogs.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

The outstanding case load at Preston Crown court stood at 1,454 cases at the end of December 2022. We are taking action across the criminal justice system to bring the caseload down and improve waiting times for those who use our courts. We have ramped up the additional capacity, we have recently announced the continued use of 24 Nightingale courtrooms in this financial year, and we are investing a significant amount of funding in the criminal justice system.

[Mike Freer]

I appreciate, and I know that colleagues in the judiciary appreciate, the sensitivities around such cases. They will always do their best to bring vulnerable cases forward so that victims are seen as fast as possible. There can be a variety of reasons why cases are delayed. If the hon. Gentleman wishes to write to me with the specifics of the case, I can try to find out exactly what caused the delays.

[Sarah Champion]

The Government are likely to miss their own targets on reducing Crown court backlogs. Wait times for rape and sexual assault cases are at an all-time high. I have two Rotherham families who have been waiting years for access to court for corporate manslaughter cases, and countless victims of sexual abuse who do not know when they will get their day in trial. Thirteen years of erosion of our public services have led us to this point. What exactly will the Minister do to deal with the trauma that victims, survivors and their families in my constituency are facing with such waits? Their lives are on hold. What is he actually going to do today to address that?

[Mike Freer]

Sexual offences are an incredibly sensitive issue, and the hon. Lady is right to raise it. The Department is working with the judiciary to consider specialist support in several courts to ensure that such cases are brought forward in a faster manner. There can be a variety of reasons why cases are delayed. As I said to the hon. Member for Preston (Sir Mark Hendrick), if hon. Members write to me on specific cases, I can find out why they have been delayed. It can be for a variety of reasons and not just because of the general backlog.

We are dealing with the backlog. It was coming down before the Bar strike, which pushed it back up. In the meantime, we have increased the judiciary across all our courts by 10% in the last five years—we have recruited more than 1,000 judges this year and will recruit 1,000 next year—we have taken the cap off sitting days, and we have 24 Nightingale courts still in use. Those are the practical measures that we are taking to increase capacity.

Victims and Prisoners Bill

Sarah Champion Excerpts

2nd reading
Monday 15th May 2023 Commons Chamber

[Sarah Champion (Rotherham) (Lab)]

I thank the Secretary of State for the measures he has brought through on third party disclosures. Could he, though, give a message to the survivors in my constituency and across the country who have been deterred from coming forward by that knowledge, and to those whose cases have collapsed because of their fear of that information getting into the public domain? What message does he have for them?

[Alex Chalk]

The hon. Lady does an important public service in raising that point and I thank her for doing so. Let the message go out from this Chamber: “Do not be put off coming forward, giving your evidence and reporting allegations of serious sexual harm because of concerns about therapy notes. Get the therapy support that you need.” I want that message to go out loud and clear.

We are going to change the law to make it crystal clear that there will be no routine access to therapy notes; there will be access only when it is absolutely necessary and proportionate, and not by the defence, but principally in the very rare circumstances where a prosecutor needs to look at it. The message goes out that victims should come forward and co-operate with the criminal justice system, if they can.

Part 2 of the Bill provides better support for victims and the bereaved after major disasters such as terror attacks. The House will recall the awful events at Hillsborough and the most recent fire at Grenfell Tower, as well as the Manchester Arena bombing. The impact of those terrible tragedies is still felt to this day, especially by the families and friends of the victims. I know there is consensus on both sides of the House that survivors and families of victims caught up in such disasters must be given every support. No one should be left to feel their way in the dark as they grieve.

I pay tribute to my right hon. Friend the Member for Maidenhead (Mrs May), the right hon. Member for Garston and Halewood (Maria Eagle), the hon. Member for Liverpool, West Derby (Ian Byrne), the noble Lord Wills and many others for their tireless campaigning on the issue. Indeed, one of the most moving debates that I have ever had the privilege of listening to was one to which the right hon. Member for Garston and Halewood contributed on this topic.

The Bill will introduce the UK’s first ever independent public advocate—an advocate to give a voice to those who have too often felt voiceless. The IPA will be a strong advocate for victims, the bereaved and whole communities affected. It will allow us to hear everyone, including those who, in the darkest moments of their grief, may understandably find it impossible to speak up for themselves and their legitimate concerns.

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[Steve Reed]

I am grateful to the hon. Member for his intervention. He makes an important point. That is one of so many important ways in which the Bill could do more for victims. I hope that we will get the chance to make some changes to it and strengthen it as it passes through Committee and during the rest of its journey before it becomes an Act of Parliament.

Labour will table an amendment offering free legal advice for rape survivors. We want to ensure that survivors are supported every single step of the way from first reporting a rape at a police station right through to trial. It cannot be right that so many rape survivors describe their experience in court as so traumatising that it feels like they are the ones who are on trial. Labour has been calling for some time now for the protection of third-party material, such as counselling or therapy records, for rape and sexual violence victims. It is welcome that the Government are proposing some changes on that, but victims want more detail, and we will seek that as the Bill progresses. We need to support victims of crime throughout the justice system if we want to reduce victim dropout rates, which deny them justice and let criminals get away with their crimes.

There has, quite rightly, been a great deal of attention in recent years on victims of state failure that have led to major tragedies: Hillsborough, Grenfell and the Manchester Arena to name just three. Tragically, the Bill lets them down, too. Victims of major tragedies deserve the same legal representation as the authorities that fail them in the first place, but that does not happen, and the Bill does not put it right. Labour stands unequivocally with the families and survivors of those tragedies. Giving them proper legal representation is not only a matter of justice for them but helps the system learn from when went wrong, so that future tragedies can be prevented.

We will table amendments to establish a fully independent legal advocate accountable to families, as the Hillsborough families and campaigners have demanded; an advocate with the power to access documents and data not only to expose the full extent of failure but to prevent the possibility of cover-ups, such as those that denied families justice immediately after Hillsborough.

The Bill also lets down victims of antisocial behaviour. Those crimes can leave communities feeling broken and powerless, and lead to a spiral of social and economic decline that we should not tolerate. Whether it is gangs trashing local buildings, offenders intimidating local residents or selfish individuals dumping their rubbish on local streets and green spaces, we must support the law-abiding majority who deserve to feel proud of where they live.

[Sarah Champion]

Does my hon. Friend agree that not only does the Bill let down victims of antisocial behaviour, but its definition of a victim actively excludes them?

[Steve Reed]

As is so frequently the case, my hon. Friend makes an important and apt point. I hope that we will have opportunities to amend the Bill as it passes through Parliament. Victims of antisocial behaviour are victims of crime just as much as anybody else.

Labour wants to support victims of antisocial behaviour so that they can choose their own representatives to sit on community payback boards, where they can choose the unpaid work that offenders carry out to put right the wrong that they have done. Victims need to see justice carried out, as part of a functioning criminal justice system. To end the scandal of so many community sentences never carried out under the Conservatives, we would give victims the power they need to make sure that every sentence handed down by the courts is carried out in the community. Justice seen is justice done.

One of the most damaging experiences for any victim who reports crime is the years spent waiting for that case to come to trial, yet the Bill does nothing to cut the court backlog that warps the justice system under the Conservatives. Cases collapse as witnesses forget key details. Victims give up and criminals get away with it. This Government care so little that they have allowed the court backlog to reach record levels.

Ministers will routinely stand at the Dispatch Box and blame the pandemic, but that is just an attempt to cover up their failure. Court backlogs were already escalating to record levels before anyone had heard of covid-19. If the Government cared, they would do something, but there is nothing in the Bill to speed up justice for victims. Maria is a young woman who was subjected to multiple attacks by a serial rapist. She reported the crimes in March 2019, but had to wait three years and seven months for her case to come to trial. The pressure on her grew so intolerable that Maria attempted to end her own life, leaving her with life-changing physical injuries. That is abhorrent. Victims are sick and tired of hearing about failure on this scale while this Government refuse to take responsibility.

It is essential for victims that we speed up justice, but only Labour has a plan for that. We will double the number of Crown prosecutors to speed up trials. We will introduce specialist rape courts to fast-track cases through the system, to put criminals behind bars and get the wheels of justice turning again.

[Sarah Champion]

I am sure my hon. Friend welcomes the section 28 measures that came in recently, which allow pre-recorded information to be submitted and take a lot of trauma out of the sometimes hostile environment in which victims find themselves. However, from my experience, their use depends on the judge’s understanding and granting of them. Will the Bill contain anything to prevent that postcode lottery?

[Steve Reed]

Once again, my hon. Friend raises an important point that needs to be taken into account fully, not just as the Bill progresses but as we review the different forms of giving evidence that can make the experience of a rape survivor much easier, which makes it less likely that a case is dropped or collapses and that an attacker gets away with it.

In recent months, victims of the most horrific crimes have faced the insult of convicted criminals refusing to turn up in court to face sentencing in person. We have called on the Government to act on that and they have repeatedly said that they will, yet they have done nothing while killers, rapists and terrorists pick and choose whether they turn up to face the consequences of their crimes. Just imagine how the families of Sabina Nessa and Zara Aleena felt when the brutal men who had killed their loved ones refused to come to court to be sentenced. It is grossly offensive to victims and their families to let criminals have that hold over them at such a difficult and traumatic moment. It is disappointing that that is not part of the Bill, and I hope the Government will reconsider. If they will not act, the next Labour Government will. We will give judges the power to force offenders to stand in the dock, in open court, while they are sentenced, and we will do that because victims deserve nothing less.

With the Victims and Prisoners Bill finally coming before Parliament today, disappointingly there is still no Victims’ Commissioner in place. The Government have left the post vacant for six months now, and there is still no sign of a new appointment, which sends a message to victims about the Government’s intentions. I hope the new Secretary of State will be able to speed up that process. Whoever is eventually appointed, the Bill does nothing to strengthen the powers of the Victims’ Commissioner, which, at the very least, should include the necessary powers to enforce the victims code in full and to lay an annual report before Parliament. That would help immensely in holding the Government to account and amplify victims’ voices. I hope this too is something the Government might reconsider in Committee.

Victims will have serious concerns about some of the Government’s proposed parole reforms. It is essential that the Government should not politicise decisions that should be based on robust professional experience that keeps the public safe. Where the parole board has not been working effectively enough, the answer is to strengthen it, not to undermine it. While I am sure that the current Justice Secretary is reasonable, not all his predecessors have been. We need processes that work effectively and protect the public, whoever is in that post. There have been parole decisions that raised legitimate concern and there is clearly a need for appropriate intervention by a Justice Secretary without unduly politicising the whole system. We will return to that issue in Committee.

To conclude, the first duty of any Government is to protect the safety of citizens. The current state of the criminal justice system shows how badly the Government have failed in that duty. They have repeatedly let criminals off and let victims down. In many ways, this is a victims Bill in name only. Labour will seek to strengthen the Bill and rebalance the scales of justice in favour of victims and the law-abiding majority. We want to strengthen the Bill to speed up justice, to offer rape survivors the free legal support they need and deserve, and to give victims of antisocial behaviour a voice and the power they need to make community sentences really work. Our aim is to prevent crime, punish criminals and protect victims. That is what the public and, above all, victims expect a functioning justice system to do.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I start by warmly welcoming my right hon. and learned Friend to his position, to which nobody in this House is better suited. I know that he will fulfil it in the most distinguished manner; he comes to the position of Secretary of State and Lord Chancellor with a background in our criminal justice system that is second to none and a reputation at the Bar for scrupulous fairness and integrity.

My right hon. and learned Friend and I both used to deal in the same kind of work and we are both still in contact with many who work in the criminal justice system. His reputation as both prosecutor and defender was impeccable. It is right that the House should know that, and it is important because it means that he will know the importance of going on the evidence and of acting on a fair, rational and ultimately humane basis. The best prosecutors are the fairest and the most humane, and he was a very good prosecutor. I hope he will bring those attributes to the role of Secretary of State and Lord Chancellor.

My right hon. and learned Friend was also an active and distinguished member of the Justice Committee. I hope he will remember some of the work we did together. I am delighted to see another former Justice Committee member in the form of the Attorney General, who is sitting on the Treasury Bench as well. I feel a little like Banquo—not on the Treasury Bench, but the father of Law Officers. I am proud of having worked with both of them.

I turn to the Bill, which is an admirable place for the Secretary of State to make his debut. It is a bit dangerous to make classical allusions, but the Bill is a bit like Caesar’s view of Gaul—divided into three parts—and one can come to different judgments about those different parts.

Let me start with part 1, which relates to victims. It is welcome. It fulfils a manifesto commitment of our party, and I am glad to see it there. The Justice Committee very much appreciated the opportunity the Government gave us for pre-legislative scrutiny of part 1. That was helpful and I hope the Government found it so. We also welcome the fact that the Government accepted a number of our recommendations—in particular the inclusion of bereaved families specifically as victims in the Bill, the strengthening of the role of Victims’ Commissioner, and the statutory obligation on statutory agencies to make victims aware of the contents of the code.

Those are important steps forward, although, with respect, I think that more could be done. I particularly thank the Minister of State, my right hon. Friend the Member for Charnwood (Edward Argar), for his constructive and full engagement with the Committee throughout the pre-legislative scrutiny. It was a good example of how such scrutiny can help the process. I might come back to that point in relation to other parts of the Bill.

I think that more could be done in some areas, but I nonetheless welcome the Bill. I suggest that we look at a couple of areas that the Select Committee picked up as the Bill goes forward. There are more areas as well. One is that although it is right to put the code on a statutory basis, there is a gap at the moment. If we give individuals legal rights, it is important to give them proper means of enforcing those rights and a proper remedy for their breach or for when there is non-compliance from the agencies charged with delivering those rights. At the moment, specificity is still lacking in that regard. As the Secretary of State knows, if we give somebody a right we must give them a remedy—that is basic sound law. At the moment, the clarity about the remedy is lacking. I hope that we can consider that as we go forward.

There is also an important point, which the Justice Committee report referred to, about victims of antisocial behaviour that does not end up being charged as a crime, for whatever reason. There would be no harm at all in adopting a more generous and broad approach on that issue, and I hope the Government will consider that. Our evidence on both points I have mentioned was pretty strong. Subject to that, however, this is a good part of the Bill, and I hope that we can work constructively across the House to improve some aspects of it.

Part 2, which deals with the appointment of an independent public advocate, is an addition that I broadly welcome. I know that there are those who will say that it does not go far enough, and I accept that. The Committee did not have a chance to look at it in detail, although we did hear some evidence connected with it in relation to other inquiries—notably from the Right Rev. James Jones, who did such fantastic work on the Hillsborough inquiry. I think there is something helpful to be learnt from that evidence. I also pay tribute to the right hon. Member for Garston and Halewood (Maria Eagle), my fellow Committee member, for her exceptional work in relation to the Hillsborough disaster, and the work that has followed from that. Those in the House and beyond are in her debt.

While I think that the appointment of the independent public advocate will be valuable, I hope we can look at some other issues, in particular the scope of the scheme—the areas into which the advocate might be able to go—and the question of equality of arms for bereaved families at inquests when the actions of a state body are in question and that state body will inevitably be represented, at public expense, by lawyers, while the bereaved families are not. I hope that, for the sake of fairness, the Secretary of State will think again about that. Equality of arms is a concept with which both he and I are very familiar, and this strikes me as a gap in the system that it would not be onerous, in the overall scheme of things, to remedy.

Part 3 deals with prisoners and parole. Here I am afraid I must adopt a slightly different tone, because this is a rather less welcome addition to the Bill. That is not because the policy objective is wrong. As the Secretary of State said, it is clearly right and proper for the public to have confidence in our parole system, and that means there must be both a robust test of the grounds on which a prisoner can be released from sentence or moved to open conditions, and a robust system of ensuring that the test is applied. I think that the difficulty has been in the detail thereafter, and that may be reflected in the fact that this part of the Bill was not subject to any pre-legislative scrutiny. The Justice Committee wrote to the then Secretary of State offering to provide such scrutiny, but the offer was declined. I also note that the evidence we heard from the Parole Board only last week indicated only the most perfunctory engagement with the board itself. There was no face-to-face engagement; there was, I think, one meeting and a notification, effectively, after the event.

The Secretary of State, who has seen the transcript of that evidence session, will know that the Parole Board is a serious and expert body of people. As he rightly said, the vast majority of cases deliver results because people do not reoffend. It is perhaps surprising that a little more attention was not paid to the views of the board or, indeed, those of many other people working in the criminal justice system. The absence of outside consultation with almost anyone with knowledge of the system weakens the credibility of part 3.

[Sarah Champion (Rotherham) (Lab)]

In his role as Chair of the Justice Committee, the hon. Gentleman has done some remarkable work on the Bill, and I pay tribute to him and his Committee. I was stunned, although not surprised, to hear that there had been no consultation with either him or the Committee on part 3. I am also not aware of any consultation with the broader non-governmental organisations, campaigners, charities and survivors. Is he aware of any such scrutiny?

[Sir Robert Neill]

The short answer is that none has come to my attention or that of the Committee. We did endeavour to secure a range of views, particularly from practitioners in the field. It is helpful to hear such views, and I therefore hope that as the Bill proceeds, the Secretary of State and his Minister of State, my right hon. Friend the Member for East Hampshire (Damian Hinds), will, as fair-minded people, find opportunities to take them on board.

What we want is a system that is robust, because that is critical, but also—as the Secretary of State said—a system that is operationally effective. One of my main concerns is that the evidence we did receive suggested, in respect of nearly all the principal aspects of part 3, that there were serious question marks over how operationally effective it would be. This is a classic case of where Committee improvements ought to be made, and I hope the Government will move to do that.

I want briefly to flag up some of those areas. The current test is a very short one of some 20 words, but it is robust. Essentially it says that the protection of the public comes first, and that is what we want to achieve anyway. It is expanded somewhat by a non-exhaustive number of other matters that can be taken into account. There is nothing wrong in that, but I hope that it does not make the test unduly complicated. It is also worth remembering that there is sometimes a misunderstanding, particularly in media reporting, in relation to the work of the Parole Board. That comes in two forms. First, as the Secretary of State said, in 99% of cases people released on parole do not reoffend, and that context is important. Secondly, there is a suggestion of some kind of balancing test, but that is not the case.

It is clear from the evidence that since the case of Knight in about 2017, the Parole Board very properly changed its guidance to reflect the primacy of the protection of the public test. I think there is an element in this part of the Bill of trying to solve a problem that does not exist and therefore a risk of over-engineering the system, which we might not need. So let us look again at the best way to do the test. There is nothing wrong with changing it, and perhaps nothing wrong with expanding it, but are we sure that we are getting this right?

The next matter is the way in which the Secretary of State will, from time to time, step in and review. There is nothing wrong with a review but I have two concerns about the way it is done. In certain cases set out in the Bill, it will be necessary, if the Secretary of State chooses to carry out those powers, to intervene and substitute the Secretary of State’s decision, including on the facts, for those of the board, which will have heard first-hand evidence. The Secretary of State is not in a position to hear first-hand evidence, so he would have to rely on a provision that enables a person to be appointed to interview the applicant for parole and then report to the Secretary of State. I do not think the Secretary of State would normally feel happy acting on hearsay in such circumstances, because at the end of the day it is second-hand evidence and he would have to substitute his judgment for that of those who had heard first-hand evidence. I am not sure that is a fair or satisfactory way of resolving that problem.

The second concern relates to the very proper means of review. As the Secretary of State rightly said, there has to be an independent review, but at the moment the suggestion is that, among other things, this could go to the upper chamber. I would ask him to reflect on the appropriateness of the upper chamber. Logically, the element within the upper chamber that would hear these cases is the upper tribunal. The upper tribunal, as a logical part of that, would be the administrative chamber, which is essentially there to deal with points of law; it is not a fact-finding body.

The route of application to appeal against the Secretary of State’s decision has two grounds. One is the normal ground of public law and judicial review—involving unreasonableness, for example—and that is fine. The administrative chamber no doubt deals with those kinds of things. This also includes an appeal on the merits, and it has to, to make it ECHR-compliant, but this would involve a rehearing, and the upper chamber has no experience of re-hearing the merits. So this route of appeal does not seem to be right or practical.

Another point to remember is that there is no requirement for leave in this route. If someone appeals to the upper tribunal on the ground of legal deficiency, such as unreasonableness, they have to get leave. If they apply on the ground that the Secretary of State got it wrong on the merits, they do not have to get leave at all and they can have a rehearing, so everyone who feels aggrieved at the Secretary of State’s decision will apply on the ground that they want to challenge the merits and therefore have a rehearing. The number of unmeritorious appeals will therefore greatly increase, which is hardly the objective of this piece of legislation. It would also put these matters into a chamber that—with absolute respect to those who sit in the administrative chamber—is not geared up to hear evidence to do rehearings. It is going to the wrong place, so I hope we at least reflect on a better means of achieving that end.

The same goes for the Secretary of State’s powers to intervene and rehear. Would it not be better simply to toughen the current power of redetermination? Surely asking for a case to be reconsidered by a differently constituted panel would be a more practical way forward. There are practical and sensible things that could be done, but unfortunately they were not picked up by the Bill’s drafting, perhaps because nobody who knows much about it was asked.

Clauses 42 to 44 disapply section 3 of the Human Rights Act for the purposes of these hearings. Whatever one’s view of the Human Rights Act, there is no evidence that this is a problem in such cases. In fact, the evidence we heard from practitioners, from both sides, is that it can be helpful to have to have regard to section 3 in these hearings. These clauses seem to be trying to solve a problem that does not exist, and I wonder whether we really need them. It is perfectly possible to have a robust system that still complies with section 3. This is a needless distraction that sends the wrong signal about a certain desire to pick unnecessary fights, which I know is not the current Secretary of State’s approach.

Clause 46 addresses the Parole Board’s composition and the appointment of board members. It is perfectly legitimate to have more people with law and order experience, which could be included as a category, but we must be careful to make sure there is no suggestion that the Secretary of State can say that a particular class of person should sit on a panel for a particular type of hearing, as that would go beyond independence. There is strong case law from our domestic courts, never mind elsewhere, to say that the Parole Board carries out a judicial function and therefore must have a proper degree of judicial independence. There is a risk that the clause, as currently drafted, offends against that.

The final issue that arises is with the power to dismiss the chair of the Parole Board. There is already a protocol for removing a chair of the Parole Board who loses the Secretary of State’s confidence, and it was exercised after the Worboys case—I think it is called the Mostyn protocol. Why do we need an extra statutory power when we already have a way to do it? Establishing a statutory power creates another problem, because clause 47 says that the chair of the Parole Board shall not sit on any panels of the Parole Board. When we heard evidence, no one could work out why, but it has subsequently been suggested to me that it would be interfering with judicial independence to remove a chair who is sitting on a panel.

Perhaps the answer is not to have the needless power to remove a chair, because we can see the illogicality: if we want a Secretary of State to be able to remove the chair of the Parole Board, we have to make sure they are not carrying out any judicial functions, because otherwise the Secretary of State would be interfering with judicial independence. But we already have a means of removing a chair of the Parole Board, and it works, so why go down this rabbit hole?

My observations on part 3 are intended to be helpful and constructive, and I am sure the Secretary of State and the Minister will take them on board.

The Victims and Prisoners Bill makes no mention of the continuing injustice, as the Secretary of State rightly said—the blot and stain on our judicial landscape—facing a particular class of prisoner: those imprisoned for public protection. The House recognised that indeterminate sentences had failed and so abolished them, but not retrospectively. An increasing number of people on open-ended sentences, which Parliament has abolished, are being recalled. People have no hope of their sentence coming to an end and, because they are also potentially subject to a life licence, more people have been recalled than are serving their original sentence. Something has gone badly wrong here, which is doubtless why Lord Blunkett, the creator of the sentence, said, “This has gone wrong and needs to be changed.” It is also why Lord Thomas of Cwmgiedd, a former Lord Chief Justice of England and Wales, and not someone generally regarded as a soft touch in sentencing matters, said, “The only logical way to resolve this is to have a resentencing exercise.”

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[Maria Eagle (Garston and Halewood) (Lab)]

It is a pleasure to follow the hon. Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, on which I also sit. I agreed with much of what he said, particularly in respect of part 3 and some of the weaknesses in part 1, but I will begin with part 2. I suppose people would expect me to do that, given that it is about the independent public advocate, which I have been campaigning on and have had views about in this House for many years.

I welcome, again, the new Secretary of State to his place, despite the fact that having a whirlwind of appointments and eight Justice Secretaries in eight years does sometimes leave certain potential issues with continuity and ensuring that things happen in a sensible way, apart from the differences in approach and personality that one might come across. I know he cares about this particular issue. He responded to the Backbench Business debate—he made reference to it in his remarks—that I managed to secure following the final collapse of the Hillsborough criminal trials. That is some time ago now. There has been no reason since then—apart from perhaps turbulence in the Government, I say gently—for not dealing with this. The final collapse of the criminal trials was the last impediment to dealing with the recommendations in Bishop James Jones’s 2017 report, “The Patronising Disposition of Unaccountable Power” in which he was asked to come up with—and did come up with—recommendations to learn the lessons of Hillsborough.

Bishop Jones was asked and commissioned to do that by the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), whom I am pleased to commend for the work and effort she put in over the years when she had responsibility for dealing with the aftermath of Hillsborough. She developed a real understanding of some of these issues. The Secretary of State will be talking to various predecessors—people who have done his job and others who relate to it—and he could do a lot worse than sit down with the right hon. Lady. I am not trying to organise his diary—or hers, which would probably be more difficult—but she has a real insight from his side of the House into some of these issues. I recommend, if he gets the chance, that he sits down with her.

When the right hon. and learned Gentleman replied to the debate after the collapse of the last of the criminal trials arising out of the circumstances of Hillsborough, which is over 18 months ago now, he did promise, after being asked by me, to get out the response to Bishop James’s 2017 report by last Christmas; that was his hope. That has slipped for various reasons. The latest we have been told by Ministers on the Floor of the House is that it will be published in its full glory by this spring. I just say to him that we are nearly into summer and we still have not seen sight or sound of the response. I have read the Government’s response to the Justice Committee’s report into coroners. We were told that many of its recommendations would be dealt with in the overarching response to Bishop James’s report into the lessons to be learnt from Hillsborough. There are some outstanding recommendations, on which the Select Committee had what I would call a straight bat response from the Government. Perhaps they too can be dealt with when that response is completed.

I welcome very much the Government’s intent to legislate and the fact that part 2 is in the Bill. I would have preferred a stand-alone Bill, but that is neither here nor there. The fact that there are clauses in the Bill that relate to establishing an independent public advocate is very welcome; better late than never. The whole purpose of the independent public advocate is not to just add a further hoop for families to jump through, or a further stage that families need to go through at the beginning of the process. It is to stop the aftermath of public disasters going so badly wrong, as the aftermath of Hillsborough did.

It is more than 34 years since that disaster happened. We all remember that it was televised—there are hours and hours of film of that disaster. It is not as if it happened in secret and that what had really gone on had to be winkled out; it was televised live at the time. It cannot be right that it should have taken such a long time for those families to have properly acknowledged what happened to their loved ones, and for the very many thousands of traumatised survivors who witnessed that horror—they were not just from Liverpool, because there were two teams playing in that semi-final—to have properly acknowledged what happened. For that to have gone on for so long, with any controversy at all about what happened, when Lord Justice Taylor, within three months of the original disaster, set out in his interim report substantially correctly, although not totally correctly, the full causes and reasons, shows how badly things can go wrong in public disasters when there are interested parties who try to deflect the blame, and when state organisations, whether it be the police or others, try to make sure that their reputation is not trashed by responsibility being pinned on them and are willing to do anything and use any amount of resource to blame somebody else. That is what happened. So it is no surprise that things can go badly awry.

One could just say that Hillsborough was a terrible example, and it was. The circumstances of every disaster are different, but there are common elements. One common element is that, where state-funded organisations —the arms of the state—are involved, they appear to think that their reputation matters more than the truth. They appear to think that any amount of budget that they have over the years can and ought to be used to defend that reputation, and they often appear to think that it is perfectly alright to blame the victims, to blame others—to blame anybody but themselves. That is what we have to stop.

[Sarah Champion]

My hon. Friend has been an amazing campaigner on this, but does she agree that one of the commonalities between Hillsborough, Orgreave and child sexual exploitation in Rotherham was South Yorkshire police, so when these patterns are formed, the Government need to do something to step in?

[Maria Eagle]

My hon. Friend is correct. Where that does happen, if there is no accountability for what goes wrong, especially where there is venality—which there was at Orgreave and which was shown again at Hillsborough by South Yorkshire police— and if there is no reckoning, that kind of behaviour will not be corrected. One value of making sure that the aftermath of disasters does not go so terribly wrong is that one can keep organisations that may be tempted to behave in that way on the straight and narrow. I remember that, after the King’s Cross fire, the person responsible for London Regional Transport, who was found to be responsible for the cover-up that happened, was sacked. That then makes a big difference to the way in which the organisations involved deal with the aftermath of a disaster.

The whole purpose of having an independent public advocate is to try to ensure that, in the aftermath of such disasters, things do not go wrong. I am glad to see that the Secretary of State has re-read my Public Advocate (No. 2) Bill, because I know he will have read it before. I have been introducing the Bill in this House since 2016, and it has been introduced in the House of Lords by my friend the noble Lord Wills. My Bill proposes what finally worked for Hillsborough—the Hillsborough independent panel. It was a non-legal process, because almost all the legal processes and cases failed, but it was used to shine a light of transparency on what actually happened and to stop cover-ups. If the cover-up at Hillsborough could have been stopped from the beginning, we would not be 34 years down the line trying to untangle all of the intervening processes. The Hillsborough independent panel would not have had to look at millions of documents; it could have looked at far fewer if it had been doing its work within, say, two or three years.

In addition, any organisation seeking to use its powers and its people to organise cover-ups would know that the rock was going to be lifted up, that a torch was going to be shone upon what was under it and that it would not get away with the kind of cover-ups openly organised by South Yorkshire Police after Hillsborough to subvert the findings of the public inquiry, the Taylor Interim Report, which clearly blamed the police, made remarks about the way the police have behaved and said that they should not have behaved like that.

The police then set about simply using the inquests to change the impression of the interim report—and didn’t they succeed in that? From then on, no legal process worked until the Hillsborough independent panel, 23 years later, was able to get a full acceptance of the truth by close examination of documents. If we had the power to do that effectively at an early stage in the aftermath of disasters, it would save millions of pounds and prevent things from going wrong for years and budgets from being reduced and diverted into looking at legal proceedings.

We see some of the same things happening elsewhere. Grenfell has already been going on for too long without a proper understanding of precisely what happened, who was to blame and what went wrong. I have constituents who lost a child in the Manchester Arena bombing; even with the inquests and the inquiry put together to run concurrently, it has still been over five years since the bombing. These processes can extend for many years.

There will unfortunately be more disasters. Although we can try to minimise their occurrence, they are by their nature events that go wrong in combination, in a way that means terrible things happen. However, if we have a way to stop their aftermath going as wrong as those of some of the disasters over the years, we will not only be doing a real service to the victims and survivors of those disasters, who have got quite enough to be dealing with having lost their loved ones, but saving a lot of money in the end for the state.

The investigations into Hillsborough over the years have cost millions upon millions of pounds. The budget of any public advocate would be a lot lower than that and, if they were able to stop things going wrong, we would be doing ourselves a favour. I value very much the fact that provisions are now published and the Secretary of State is intent upon legislating, but there are two main reasons why the Government proposals will not work as my Bill intends.

The Government proposals deny agency to bereaved families in calling the advocate into action. One of the things anybody who is bereaved in a public disaster will say is that they stop being an ordinary person out of the public limelight and, at a time when they are having to cope with the grief of losing a loved one, suddenly the spotlight of the entire nation is upon them and their family as they try to grieve. Things are done to the family; things are set up outwith their capacity to arrange them, such as the inquest, to which they are often not party so they certainly do not get legal aid, and the inquiry, at which perhaps they might not necessarily get representation. All those things happen around them while they are in a fog of grief, wondering what is going on. They feel powerless; they feel “done-to”. They do not feel that they have any capacity to influence or be a part of what is happening, or to speak any kind of truth to any kind of power. They often feel like spare parts, third parties, not involved. Yet the families of a disaster are the most deeply involved, because they have lost the most, so it is tremendously important to give them collective agency to decide that the advocate should be involved, rather than saying, “Oh, and here is another thing we are going to do for you and give to you, whether you want it or not, and you will not have any part in deciding.” My Bill does that; the Secretary of State’s proposals do not.

There also has to be a power to be not just a sign-poster. I do not object to the provisions in the Bill enabling the advocate to help, signpost and do those kinds of things for bereaved families—that can be helpful—but it cannot be only that. I know that the Hillsborough families had people trying to signpost them to things, and that did not work with what was going on at that time in respect of that particular disaster. The point of the proposals in my Bill, which are not currently in the Government Bill, is to enable the advocate to establish a Hillsborough panel-type arrangement to guarantee transparency, ensuring that the advocate is therefore a data controller and has the documentation that they need. It should be an awful lot less than the Hillsborough independent panel had to collect, because not as much time will have passed and one would expect it to be done at an earlier stage in the aftermath of any disaster.

If amendments enabling the advocate to be a data controller and to establish an independent panel were accepted, giving the families agency to decide for themselves whether they want the involvement of the public advocate, that would enable the provision to do what I want it to do—prevent the aftermath of disasters from going so disastrously wrong for bereaved families. I have dealt with a number of these kinds of issues in my constituency over the 26 years that I have been a Member of this House—I feel old enough—and if we were able to do that, we could prevent things from going wrong and would not therefore have any instances whereby, 34 years later, we in this Chamber are still discussing what went on, as we do with what happened at Hillsborough in 1989. We should not have to do that. Those families should have peace, but they still do not have it.

I believe very strongly that, if we can prevent that kind of thing from happening to other families who are, through no fault of their own, caught up in disasters that they did not want to be caught up in, resulting in bereavement and pain, we would do the whole country a service. That would help a small number of people, it would not cost that much, and it would save a lot of public money over time, but the provisions, as currently drafted, will not be effective enough to do that.

I see the right hon. and learned Member for South Swindon (Sir Robert Buckland) in his place. I also had meetings with him about these provisions, and he was very helpful. I hope that the Secretary of State will keep an open mind and will think that we are all on the same side. We want something effective to be done; we do not want to add some kind of process that will not make things better enough, thereby missing an opportunity to make things better than they are.

I do not care who legislates for that. If it is a Labour Government, I will nag them just as much as I have been discussing it with Conservative Ministers, of whom I have met an awful lot over the past few years—many of them are in the Chamber now, in fact. I hope that, between us all, we can take this forward, because it would be a cheap way of ensuring that we save a lot of public money over time, and would really help the families of those who are needlessly and through no fault of their own caught up in future public disasters—we hope that they will be few, but disasters happen. It would provide the Hillsborough families with the comfort of knowing that the horrendous experience they have gone through over 34-plus years will not be suffered by anyone else unlucky enough to be caught up in a public disaster.

Now is our chance to tackle this issue, so I ask the Secretary of State please not to defend every word of the current drafting and to have a more open mind about what we can achieve. There is a real opportunity for us, cross party, to make a big difference to the lives of a small number of people who will have enough to deal with when their family gets caught up in a disaster and they lose somebody. We can really make a difference, and I hope the Secretary of State will be open to doing so. I am perfectly happy to talk to him and to the Minister of State, Ministry of Justice, the right hon. Member for Charnwood (Edward Argar), about how best to do that. We need this legislation now. Let us make sure we are better prepared if another disaster happens.

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[Sarah Champion (Rotherham) (Lab)]

In 2013, I first met Claire Waxman. She is now the Victims’ Commissioner for London, but then she was a survivor looking to bring forward a victims Bill. She did this to prevent the horror that she went through befalling any other survivor, and I pay huge credit to her for doing that. She worked at the time with Elfyn Llwyd, the former Plaid Cymru MP —having stumbled over his name, I will not even attempt to pronounce his constituency. He first brought this forward as a ten-minute rule Bill in 2014. In 2015, my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) presented it as a private Member’s Bill, which was then, rightly, adopted by the then Government.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I am grateful for the opportunity to name my predecessor, Elfyn Llwyd, who was very successful in bringing through the legislation. He worked closely with Harry Fletcher, who was formerly the assistant general secretary of NAPO, and Members from all parties across the House to that effect.

[Sarah Champion]

I am very grateful to the right hon. Lady for putting that on the record and naming the former right hon. Gentleman, which I made such a poor attempt of doing.

I raised the private Member’s Bill because it was adopted by the Government eight years ago. This Bill is eight years in the making, and yet, despite endless consultations and excellent pre-legislative scrutiny, the Government have still failed to produce legislation that will genuinely improve victims’ experiences within, and external to, the criminal justice system. It pains me, as I know it does Members across the House, that this could be a missed opportunity.

I pay tribute to the civil servants and, indeed, the Minister for all their work on the victims code. That is what the Bill effectively makes statute. Its aim is to improve the support for victims and enshrine their rights into law. I pay huge credit to all the victims, the survivors, the charities and the campaigners for shining a spotlight on the inequalities in our current justice system. It is because of them that we are here today.

Not only does the Bill lack the teeth needed to enforce those rights, but, perversely—I use that word deliberately—the scope has been broadened to include prisoners’ release and give sweeping powers to the Secretary of State, raising human rights concerns, especially as we found out today that those provisions have not been properly consulted on or scrutinised. Personally, I find it an insult to victims and survivors that their one opportunity to have a Bill recognising the inequalities and hurdles that they face has been saddled together, in perpetuity, with the persecutors—the very people who made them victims. That sticks in my throat. I also find it challenging that the Government feel safe to put forward financial considerations for those prisoners—those perpetrators—but there is no money in the Bill to meet the needs of the victims. I really hope that the Minister is able to change that. I hope that that is an oversight, because it cannot be otherwise, so let us change that.

I am concerned that the addition of prisoners will minimise the much-needed attention that we have to give to strengthening the measures relating to victims and their needs. What is more, this comes at a time when the role of the Victims’ Commissioner remains vacant. The role is vital for providing a voice for victims across the country, yet the Government have not replaced Dame Vera Baird since September, leaving a huge gap in the scrutiny of this Bill.

Let me focus on some of the positives. I am grateful—genuinely grateful—that the Bill has finally been introduced. I am delighted that the Minister has today announced that new measures will be added to the Bill to tackle police requests for unnecessary and disproportionate third-party material. This is particularly common for rape and sexual assault victims, including the constituent whose counselling notes were investigated by the police and shared with the prosecution and defence teams. That approach perpetuates a culture of victim blaming and re-traumatises victims, resulting in even more cases dropping out of the system at a time when we need to see many more being brought.

I thank my constituent wholeheartedly for her work on that and congratulate Rape Crisis England and Wales on all its excellent campaigning to get the issue addressed. We must now ensure that the amendment to the Bill goes far enough to create a presumption against the use of that type of material and rebuilds victims’ trust in the criminal justice system.

It is particularly welcome that there is progress on the definition of a victim in the Bill and I thank the Justice Committee for all its work on that. I also take this moment to acknowledge the extraordinary work of my former constituent, Sammy Woodhouse. Her dedication has led to the recognition of children born of rape as victims in this legislation. That is a huge difference and significant progress. We must all applaud her and others who brought that forward.

However, the definition of a victim in the Bill is limited to those who engage with the justice system, which means that the majority of victims of crime are not covered by the legislation. The Government’s “Tackling Child Sexual Abuse Strategy” in 2021 noted that only 7% of victims and survivors informed the police at the time of the offence, and only 18% told the police at any time—they would not be included in the Bill. The most recent crime survey for England and Wales reported that only 41% of crime is reported to the police at all—those victims would not be covered in the Bill. The Bill excludes victims who have not reported their perpetrator, or who choose not to report their perpetrator, or whose case has not yet received a charge or conviction. Not least, it would exclude the majority of victims of antisocial behaviour. I ask the Minister to look again at ensuring that all victims can access the support they need, when they need it, no matter the context they face.

My overarching concern with the Bill is the severe lack of accountability and consequence if the victims code is not followed. Victim Support found that as many as six in 10 victims do not currently receive their rights under the victims code. Systemic issues are causing a lack of implementation. I ask the Minister to consider what measures in the Bill will make the code any more enforceable than it already is—because at the moment there is no enforcement. How will the Government ensure that victims are aware of the code and able to challenge non-compliance with it?

Reviews of compliance with the code by elected local police bodies are a step in the right direction but, again, there are no consequences if the code is not being upheld. We must also ensure that that mechanism does not deepen pre-existing regional inequalities. We need to see measures in the Bill to ensure effective monitoring of how well all victims’ rights are being upheld.

There is overwhelming consensus from charities, including the National Society for the Prevention of Cruelty to Children and Women’s Aid, that a national oversight mechanism must be established to monitor the commissioning of support services, particularly for those with protected characteristics. It is also vital that staff at criminal justice agencies are trained to have an in-depth understanding of the victims code.

The introduction of the definition of child sexual exploitation has been transformational for policing, support services and the courts. We now need to see the same for adult sexual exploitation and child criminal exploitation, to ensure that victims can be identified and supported rather than criminalised.

Clause 12 introduces a duty to collaborate on victim support, which is welcome, but it could go much further. I join the London Victims’ Commissioner and the Domestic Abuse Commissioner in calling for a joint strategic needs assessment and a duty to meet victims’ needs under the assessment, with the necessary funding being provided. The measures must also ensure that agencies are joined up, so that victims are aware of any parole decisions—unlike the experience of many of my constituents of bumping into their perpetrators in the community, having not being formally informed of their release.

I will give the House two examples, both of which happened within the last 18 months and within six months of each other. Two survivors of multiple child rape found out by accident that their abusers had been given the right to go to open prison and the right to come home at weekends. They had no opportunity to give a victim statement in the parole hearings, there was no safeguarding and there were no support systems in place for them. All I got, when I had to raise it on the Floor of this House because I could not get any other attention to it, was two written apologies and being told, “Oops, the system failed them.” Yes, we know—but it should not have, and there should be consequences for that.

Furthermore, charities are concerned that clause 12 does not include funding to resource the duty to collaborate and that it may place additional burdens on existing staff. Will the Minister please confirm funding for the specific co-ordinated roles to enable clause 12 to be effective?

The Bill is an opportunity to be ambitious about victim support, particularly for children, and it must provide a direction and core aims for the collaboration between those agencies. There are currently too many faults with the criminal justice system that are letting victims down. The Bill must also embed independent legal advice for victims, so that they can have support to understand and challenge disclosure decisions.

Clause 15 on ISVA and IDVA guidance is welcome, but Women’s Aid states that defining solely those roles risks creating a one-size-fits-all approach to victims’ needs. We also need to provide explicit guidance on community-based support services, especially for domestic violence, as well as on the vital roles of stalking advocates and children’s independent sexual violence advisers, or CHISVAs. The Suzy Lamplugh Trust has shown that stalking victims who were not supported by advocates had a one in 1,000 chance of their perpetrator’s being convicted, compared with one in four if they had a stalking advocate.

The Minister is aware that I desperately want to see the issue of registered sex offenders changing their names, without the knowledge of the police, being addressed. I thank the hon. Member for Torbay (Kevin Foster) for raising that matter earlier. He was the first Minister that I discussed it with when he was Immigration Minister, because offenders are changing their names and then getting a clean passport and clean driver’s licence, so they can then get a clean Disclosure and Barring Service check. I thank him for raising that again. That loophole causes irreparable harm to victims and survivors, and further harm to others by allowing those offenders to reoffend. It makes a mockery of our identity-based safeguarding system. We need to see that loophole closed. I know the Minister agrees with me, so I ask him to work with us on that, please.

Finally, I am disappointed that the Government delayed their response to the Independent Inquiry into Child Sexual Abuse. I urge the Minister to tell us in his speech when the final Government response will be published, as this Bill provides the perfect opportunity to adopt its recommendations into law. I will be tabling amendments to ensure that all those gaps and failures are addressed; I hope to work with the Ministers and those on the shadow Front Bench in a cross-party way to put victims’ rights, voices and best interests at the heart of the Bill. This is not about politics; it is about fixing a broken system so that victims and survivors are not let down again.

--- Later in debate ---

[The Minister of State, Ministry of Justice (Edward Argar)]

Thank you, Madam Deputy Speaker. It is a pleasure to deliver the closing speech in this Second Reading of the Victims and Prisoners Bill. I give my genuine and sincere thanks to right hon. and hon. Members from both sides of the House for their thoughtful contributions. The tone, by and large—with the exception of Opposition Front Benchers—has been measured, thoughtful and considered. Actually, given the nature of the issues, the debate has been remarkably non-party political.

Let me start by paying tribute to previous Lord Chancellors who have worked on the Bill—my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), my right hon. Friend the Member for Esher and Walton (Dominic Raab) and my right hon. Friend the Member for Great Yarmouth (Brandon Lewis)—and, indeed, paying tribute to the Minister of State, Ministry of Justice, my right hon. Friend the Member for East Hampshire (Damian Hinds), for the work that he did on the Bill in his previous incarnation in the Ministry of Justice. I will turn in due course to the speeches made by Members today, but first I want to pay a particular tribute to all the victims, and victims’ families, who have talked to us, worked with us, told us their stories and helped to shape the Bill. Despite their own personal tragedies, they have worked tirelessly to improve the system for others, and we are incredibly grateful to them.

As we heard earlier from my right hon. and learned Friend the Lord Chancellor, this is a crucial Bill, and as one who was victims Minister between 2018 and 2019 and is now in that post once again, I must say that it is a particular privilege for me—as it is for my right hon. and learned Friend and others—to hear from victims who have come to see us to tell us about their experiences so that we can understand them just a little bit better. They come with bravery and relive very traumatic events in their lives to share them with us, and it is extremely humbling when we have those conversations. I see that the Minister for Disabled People, Health and Work, my hon. Friend the Member for Corby (Tom Pursglove), is now sitting on the Front Bench; I know that he took a close interest in this issue when he was in the Ministry of Justice.

The Bill makes good on three long-standing manifesto commitments—three promises that the Government made to the British people. First, we promised to introduce a victims’ law, and we are fulfilling that commitment. For instance, we are enshrining the principles of the victims code in law so that victims, as well as every agency in the criminal justice system, are in no doubt about the service that victims should receive. Secondly, we promised to introduce an independent public advocate to support survivors and the bereaved after major disasters. We seek never again to see victims suffer as the Hillsborough families have, as the Grenfell families have, and as families have following the Manchester arena bombings. Thirdly, we promised to strengthen the parole system so that public protection would be the pre-eminent factor in every decision about whom it is safe to release.

As my right hon. Friend said at the beginning of the debate, if justice is to be delivered, victims must be treated not as mere spectators of the criminal justice system, but as core participants in it. That is the mission of this Government and the mission of this Bill. Huge progress has been made over the last decade for victims: that progress includes boosting the ranks of our police officers to tackle crime and bring criminals to justice, locking up the most dangerous criminals for longer as a result of the Police, Crime, Sentencing and Courts Act 2022, improving the response to rape and domestic abuse victims through the End-to-End Rape review and our landmark Domestic Abuse Act 2021, unparalleled investment in victim and witness support—we are more than quadrupling the 2009 levels of funding to support victims—and introducing a clearer, strengthened victims code. However, we rightly committed ourselves to doing more, and today we are doing more. The Bill will boost victims’ entitlements, bring greater oversight, amplify victims’ voices, and deliver further safeguards to protect the public.

[Sarah Champion]

Will the Minister give way?

[Edward Argar]

I will, very briefly. There are a number of colleagues to whom I want to respond.

[Sarah Champion]

I recognise and truly respect the work that the Minister did in his last role as victims Minister. Will he tell us whether he will fight to secure the necessary funding for all the measures that he is proposing and those that are already in legislation, because it is not there right now?

[Edward Argar]

The hon. Lady and I have worked together in the past, and I thank her for her intervention. I will come to the subject of funding in a moment, because it was mentioned by a number of other Members in this context.

I am grateful to my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Select Committee, for his work in respect of the Bill and for his typically thoughtful and forthright expression of his views on behalf of his Committee. Those who worked with me on both sides of the House on the Health and Care Act 2022 will know that I am always willing to engage with and genuinely listen to colleagues during the Committee and Report stages of legislation, as, indeed, is my right hon. and learned Friend the Lord Chancellor. That does not mean we will always be able to agree with everything, but we will engage, and we hope to make it a genuine engagement.

We have heard some sincerely held views expressed today. In respect of the independent public advocate, I pay tribute to the right hon. Member for Garston and Halewood (Maria Eagle) and my right hon. Friend the Member for Maidenhead (Mrs May), and indeed to Lord Wills, whom I have met, as well as the other colleagues across this Chamber who have engaged with these issues. I had the privilege of meeting the right hon. Member for Garston and Halewood along with the shadow Lord Chancellor and other Members recently to discuss the independent public advocate. What has emerged from the debate today, including from my hon. Friend the Member for Torbay (Kevin Foster), is a general desire to make part 2 of the Bill work for the victims and their families and to ensure that, while disasters may sadly occur again, no one has to go through what those victims and families went through.

The right hon. Lady was very clear with me about the importance of agency and empowerment. She was also clear about the context and about how those victims and those families who had lost loved ones had come to this point and what they had experienced, as well as the need for them to trust in the process and the concerns they had about when the state or powerful organisations seek to use their power to conceal or to make their lives much harder in getting to the truth. I understand where she is coming from, and my commitment and that of the Lord Chancellor is to work with her and other colleagues to see whether we can reach a point where everyone is content with part 2 of this legislation.

My right hon. Friend the Member for Witham (Priti Patel) spoke powerfully, and I am grateful for her kind words. She has played a huge role on behalf of victims and those who want to see crime tackled and criminals brought to justice. I look forward to working closely with her as this legislation progresses. She rightly highlighted the importance of police and crime commissioners, a number of whom I have met recently, including Matthew Barber, Lisa Townsend and Donna Jones, and Sophie Linden, the Deputy Mayor of London. They do a fantastic job.

One of the issues that hon. and right hon. Members have raised is whether a victim chooses to report a crime and the impact that can have. I am happy to reassure the hon. Member for Rotherham (Sarah Champion) that whether or not someone chooses to report a crime, they will still be able to benefit from the victims code, and the clauses in this legislation that link to it will read across. I hope that gives her some reassurance. That point was raised by other Members as well. My right hon. Friend the Member for Basingstoke (Dame Maria Miller) and the hon. Member for Oxford West and Abingdon (Layla Moran) raised the issue of NDAs. Without prejudice to the scope of this legislation and where we might land, I am always happy to meet my right hon. Friend and the hon. Lady.

Hon. and right hon. Members have highlighted a number of areas today where they would like to see the legislation go further in some cases and perhaps go less far in others. The only caveat I would gently add relates to scope. Some of the things they wish to push for may well be in scope, and I suspect that those who end up on the Bill Committee—I am looking at the hon. Member for Birmingham, Yardley (Jess Phillips), who I suspect I might see sitting across the Committee room—will wish to explore them, but I just caution that there might be some areas that, just through the nature of scope, will not be able to be debated. It is important for those watching our proceedings to understand that the nature of scope is determined by what is already in the Bill.

My right hon. Friend the Member for Basingstoke touched on ISVAs and IDVAs, as did a number of other hon. and right hon. Members including the hon. Member for Birmingham, Yardley. Last Thursday I had the privilege of speaking at the national ISVA conference and of meeting a number of them. There was strong support for guidance around their role, although I appreciate that the sector has mixed views on this. We are explicitly not seeking to create a hierarchy of support services but rather to recognise the professional role that ISVAs and ISDAs undertake and to help to bring greater consistency to it and greater awareness of their work across the criminal justice system.

My hon. Friend the Member for Aylesbury (Rob Butler) comes to this debate with a huge amount of experience of the criminal justice system. He spoke thoughtfully and he knows of what he speaks. He also served as a Minister in the Department. His comments on part 3 were measured, and I will always carefully consider what he says. He touched on the requirements on the judiciary, and I gently caution that we are limited—quite rightly, given the separation of powers—in what we can and cannot tell the judiciary to do, but I suspect the Judicial Office will be following these proceedings carefully.

Oral Answers to Questions

Sarah Champion Excerpts

Tuesday 18th October 2022 Commons Chamber

[Brandon Lewis]

I join the hon. Gentleman in congratulating the new president of the Law Society. I look forward to working closely with her, as I do with other parts of the criminal justice system’s leadership through the Criminal Justice Board. We will respond to the full CLAIR report and we will be working with solicitors. There is a wider package for the entire criminal justice system; even within what we have announced as part of the Criminal Bar Association package, there are substantial chunks that benefit solicitors as well. The hon. Gentleman should have a look at the wider package.

[Sarah Champion (Rotherham) (Lab)]

13. What steps he is taking to support victims in the criminal justice system.

[The Minister of State, Ministry of Justice (Rachel Maclean)]

Our victims Bill will improve support for victims of crime, so they can cope with and recover from the impact. It will help them remain engaged with the criminal justice system and strengthen the transparency and accountability of those agencies and authorities that should be there to protect them.

[Sarah Champion]

I thank the Minister for her comments, but I want to raise something specific that could be done through the victims Bill, which is to ban the use of victims’ counselling notes in courts. In July, the Attorney General extended the guidance, making it easier for such notes to go into the public domain. That has had a huge and immediate chilling effect on victims getting pre-trial therapy and on them coming forward at all. Please can the Minister address this.

[Rachel Maclean]

The hon. Lady raises a vital issue to which we are paying close attention through the work of the rape review. It is not the case that it is now easier for those notes to be requested. I am aware that the hon. Lady is holding an event this afternoon. I would be very happy to come along, talk to her and put right some of the points she has made. We are determined to improve the experience of victims of rape and we are making great strides already.

Police, Crime, Sentencing and Courts Bill

Sarah Champion Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Tom Pursglove]

My hon. Friend puts the case very eloquently, and it is a privilege to be able to stand at this Dispatch Box and announce these changes in the House. He has been a tireless campaigner on this issue, and this change is a great credit to him, to Tony and to his adopted family, with their incredible care and their advocacy on these issues. I think all of them can be hugely proud of the work they have done to bring about this change. I am sure the House will agree, especially in the light of more recent appalling cases, that the courts should, where necessary, have the fullest range of sentencing powers available to deal appropriately with those who abuse children.

Lords amendments 121 and 122 extend the disregards and pardons scheme relating to historical convictions for same-sex sexual activity. The disregards scheme, introduced by the Protection of Freedoms Act 2012, enables men with historical cautions and convictions for certain gay sex offences to apply to the Secretary of State to have their cautions and convictions disregarded. If successful, the applicant is treated in all circumstances as if the offence had never occurred, and also receives an automatic pardon. The Government accept that the scope of the current scheme is too narrow, as it is largely confined to the now repealed offences of buggery and gross indecency between men, and excludes other repealed offences that may also have been used to criminalise same-sex sexual activity. Lords amendment 121 will therefore extend the scheme to enable individuals convicted of same-sex sexual activity under any repealed or abolished offence to apply to have that caution or conviction disregarded. Lords amendment 122 ensures that pardons provisions will reflect the extension. Taken together, these amendments will help put right the wrongs of the past when people were unjustly criminalised simply on the basis of their sexuality.

In their lordships’ House, there was significant debate on the issue of imprisonment for public protection. Lords amendment 101 will put the Secretary of State’s policy of automatic referral of applications to terminate the IPP licence on to a statutory footing. This would enable all eligible IPP offenders to be referred to the parole board for consideration of a licence termination at the appropriate time.

Lords amendments 61 to 69 deliver the Government’s commitment, made in our action plan for animal welfare, to crack down further on illegal hare coursing. They do this by broadening the circumstances in which the police can investigate and bring charges for hare coursing-related activity, and by increasing the powers of the courts for dealing with this activity on conviction. In bringing forward these amendments, the Government have acted swiftly and decisively in response to the widespread concern about the impact of hare coursing expressed by hon. Members. I pay tribute to my right hon. Friend the Member for Scarborough and Whitby (Sir Robert Goodwill), who raised this issue eloquently in Committee, and my hon. Friend the Member for North East Bedfordshire (Richard Fuller) for his private Member’s Bill on this subject. They have both been assiduous champions of this issue on behalf of their rural communities.

Let me turn to the two amendments in this group on which we have tabled motions to disagree. Lords amendment 58 seeks to confer certain police powers on the national food crime unit of the Food Standards Agency. We agree that food crime is a serious issue, costing billions of pounds each year, and it is right that the FSA should be empowered to respond accordingly, improve resilience and reduce the burden on police forces, but this is not the way to legislate on this issue. We are dealing here with the intrusive powers of the state. As such, we need to ensure that any exercise of PACE powers—powers under the Police and Criminal Evidence Act 1984—by the FSA would be necessary, proportionate and legitimate, with suitable governance and accountability arrangements in place. Amendment 58 puts the cart before the horse. That said, we are committed to working with the FSA, its sponsor the Department for Health and Social Care, and other partners to frame legislation that is fit for purpose.

Finally, Lords amendment 107 would allow local authorities to establish and maintain secure academies, either alone or in consortia. The parliamentary Under-Secretary of State for Justice, Lord Wolfson of Tredegar, made it clear in the other place that it would be legally possible for a local authority to set up an entity capable of entering into academy arrangements directly with the Secretary of State, and that is not prevented by the Academies Act 2010—so there is no legal bar, rendering the amendment unnecessary. Government policy is that academy trusts are not local authority influenced companies, and our position on secure schools is to mirror the procedures of academies. However, to repeat the commitment that Lord Wolfson made in the other place, my Department will assess in detail the potential role of local authorities in running this new form of provision, before we invite applications to run any future secure schools.

[Sarah Champion (Rotherham) (Lab)]

I hear what the Minister is saying, but looking into something is not the same as giving a clear commitment, here and now, that local authorities can run those secure academies.

[Tom Pursglove]

I am always grateful to the hon. Lady for her interventions, and I repeat my point: we do not believe there is a barrier, but as I say, we will review the matter in the way I have set out to the House. We of course recognise that local authorities have a long established role in children’s social care and the provision of secure accommodation for children and young people. In particular, the secure children’s home legal framework may present a more straightforward route to the expansion of local authority involvement in the provision of secure accommodation than does the 16-to-19 academies framework. I reiterate: there is no legal bar, and as such the amendment must be unnecessary. Fortunately, there is much agreement on this group of amendments in the House, and I will pick up on points raised during the debate when I wind it up.

--- Later in debate ---

Finally, I turn to Lords amendments 105 to 107, which relate to the running of secure academies and would provide in legislation that a secure academy could be run by a local authority. I am grateful to my hon. Friend the Member for Rotherham, who raised the issue in Committee, and Lord German, who tabled the amendments in the other place. The Government have so far resisted amendments that would clarify the position of local authorities on running secure academies, but I hope that the Minister will shift his position today.

[Sarah Champion]

Does my hon. Friend agree that it is illogical that the Government will not make the simple concessions for which the Opposition are asking to clarify the situation in favour of local authorities?

[Ellie Reeves]

I agree with my hon. Friend. Local authorities have a tremendous amount of experience in caring for vulnerable children with a high level of need in a secure environment. As she said in Committee:

“It makes no sense to exclude this knowledge and learning from the provisions in the Bill.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 15 June 2021; c. 567.]

Indeed, the failures of secure training centres that we have seen should encourage the Government to widen the pool of expertise as much as possible when moving to this new model of child detention. Charlie Taylor stated in his 2016 report:

“Children who are incarcerated must receive the highest quality education from outstanding professionals to repair the damage caused by a lack of engagement and patchy attendance.”

--- Later in debate ---

[Sir Robert Neill]

I am grateful for the chance to speak in the debate. This area of the Bill raises a number of important criminal justice matters, and I am grateful to the Minister for his very open approach to engaging with me and others around it. I have much sympathy with both him and the shadow Minister, in observing that there are sensible things that I hope we will broadly agree upon on most of this. I hope that I can make one or two observations on how we might take things forward once we have passed the legislation.

I have made my point in relation to the manslaughter of emergency workers, and I do not seek to repeat it, save to say that the Justice Committee has looked at the law of homicide and I think that we are in danger of missing an opportunity there. That does not mean that what is proposed is wrong, but we should be more ambitious than that, because many other common-law jurisdictions have reformed their law of manslaughter in a way that makes it more comprehensible to a jury. I looked with particular care at, for example, the judge’s directions in the PC Harper case and others. Even with the most impeccable directions it is not easy to follow now, against the factual background that we often have. We ought to be prepared to look at evidence from other common-law jurisdictions going forward.

There was an argument, of course, that the victim being an emergency worker is always an aggravating factor, but I understand the point about putting it on the statute book, given the particular value and weight that we place upon the service that these emergency workers have done. Similarly, I welcome the provision for aggravation in relation to assaults upon public service workers. I visited one of the local Co-op stores in my constituency and met some of my constituents who have been assaulted and threatened pretty appallingly by people. They do a great job for the public, and I think that we are right to give them a measure of protection too. I welcome the Government moving on that.

I will just turn to two other matters, one of which concerns IPP—imprisonment for public protection—sentences. The Minister knows that the Justice Committee is currently drawing up a report on this issue. We heard most compelling evidence on this situation, which Lord Brown, a former senior law Lord, described as an enduring blot on the British justice system. I paraphrase his words—that may not be exact—but that was the essence of it. I welcome what the Government are doing. It is a step in the right direction, but we need to ensure that those who are capable of being released safely are processed through the system much more quickly. That has been a blot on our system for too long. Resources have not been made available and all too often the provision to do the courses that were necessary for them to meet the trigger levels for release were not available. The danger was—we heard very powerful evidence on this from clinical psychologists and others—that sometimes the failure of the system to deal with the underlying issues which caused them to be subject to a IPP in the first place had now made them more dangerous to release, because they got to a degree of institutionalisation which makes it harder for them to be reformed. We need to be very alert to that.

[Sarah Champion]

I am very grateful to the hon. Gentleman for giving way and for starting the inquiry. One piece of written evidence received is from one of my constituents, who is suffering under an IPP with no hope of getting out and no understanding of why he is stuck there. I fully accept and agree with what he is saying. The impact that this is having on people’s mental health, the lifelong torture that these people are being put under, is just totally unacceptable. Of course one should serve one’s time, but I cannot even imagine what having an indefinite time ahead must do to someone’s psyche.

[Sir Robert Neill]

I am very grateful to the hon. Lady. We heard very compelling testimony on precisely those points. That is not to say that some people who are serving IPP sentences have not committed very serious offences and that some of them, because of their background, do not present a very real threat to the public. It may well be that in certain cases it will be a very long time before they are capable of being released, if ever, but there are many others who fall below that threshold who are trapped unfairly in the system, and who ought to be capable of being looked at afresh, processed and released safely into the community, but we have not yet managed to do that. The Government’s amendment holds the feet of the Parole Board to the fire on that, which is good so far as it goes.

The other point I want to make is that we heard compelling evidence from Lord Blunkett, the originator of the IPP sentences, who accepted that it had not worked out as he had intended. That was powerful and very humbling testimony. There was also very powerful testimony from Lord Thomas of Cwmgiedd, the former Lord Chief Justice, who has taken up this cause. He made the point that what we are doing so far is helpful. Improving the ability of people to access courses and gain the threshold for release is helpful and that is what the Government are, through their amendment, seeking to do. The need to review every case, rather than leaving them in limbo, is really important so we do not get drift.

However, there are two things we are not yet doing. We are not tackling the issue of needless recall. Recall is an important tool to have while we have a licence, but there is a real concern that in many cases the trigger for the recall bears no proportion to either the index offence which had caused the original sentence or the amount of time that might then be spent inside thereafter. In some cases, there was a real concern that recall was triggered for comparatively administrative breaches of the licence, rather than substantive ones linked to reoffending or increasing risk. I urge Ministers, when the Parole Board looks at each case as it will now be obliged to do under the legislation, to ensure that we do not have, frankly, risk-averse recalls. It is always a terrible balance to strike and I am very conscious of the burden on the Parole Board and probation officers in doing that, but we ought to ensure it is not done on a tick-box basis just to make sure we have protected ourselves against criticism—almost a back-covering exercise, I hate to say.

There is a temptation for that in the current arrangements, but we can do better than that and I hope we will. We ought to be assessing whether the breach suggests there is an ongoing risk of reoffending or a danger to the public. That ought to be the test.

--- Later in debate ---

Finally, on secure training centres, I understand what the Minister said about not seeking to single out one type of provision. Equally, however, I hope that he will know—the evidence to the Justice Committee has been clear—that we have a successful mixed economy, in effect, in the provision of custody, and I support that. We have privately and publicly run prisons in the adult establishment and privately and publicly run provision in the youth estate. There is no reason why we cannot have the same thing in relation to these provisions. I do not think anyone is asking for special highlighting of this, but local authorities have expertise—I speak as a former councillor—and I hope that the Minister will just say, “We don’t rule anything out. All those with expertise are welcome to bid and to apply.”

[Sarah Champion]

I want to start with a positive and then I will move on. I begin by welcoming Lords amendment 98, Tony’s law, which increases the maximum sentences for causing or allowing a child or vulnerable adult to suffer serious injury or death. That change to the law follows the tireless campaigning by the parents of Tony Hudgell. As a baby, Tony suffered such serious physical abuse by his birth parents that both of his legs had to be amputated and he nearly lost his life. The sentences for cases such as Tony’s must reflect the lifelong trauma and harm that was inflicted on him.

I campaigned for that change last year, following in the wake of Tony’s parents’ MP, the hon. Member for Tonbridge and Malling (Tom Tugendhat), and I thank the Minister for listening to me, the hon. Member and to Tony’s family and others who have campaigned for the change in the law. It is so necessary and I am so grateful that that has now been adopted.

And now for the less positive part. I have to speak to Lords amendment 107, which is designed to ensure that local authorities can run secure 16 to 19 academies, either alone or in consortiums. I worked with Article 39 and the National Association for Youth Justice to table an amendment on this in the Bill Committee. I was delighted when peers voted in favour of this vital amendment in the other place, as tabled by Lord German and Lord Marks, and I ask the Minister to please keep it in place. As he knows, I have a huge amount of respect for him because he is very fair and because he listens, but as I said, local authorities are also clear that they need a very strong signal from him that they are eligible. This is not me, but the local authorities asking for that clarity. As I said, I find it illogical that he will not accept this amendment.

In December 2016, the Government committed to phasing out child prisons, young offender institutions and secure training centres and replacing them with a network of secure children’s homes and secure schools—now renamed secure 16 to 19 academies. I welcome that progress, because it is very clear that secure training centres were not fit for purpose, as the Youth Justice Board has conceded. However, when the Government looked for an organisation to run the first secure school, they barred local authorities from the tendering process. That decision was heavily criticised by many organisations that specialise on these issues. I find it illogical.

Excluding local authorities risks repeating the serious mistakes of the past, when private providers were contracted to operate secure training centres despite having no prior experience of looking after vulnerable children. There is clear, tragic evidence of what that can lead to. Two children, Gareth Myatt and Adam Rickwood, tragically died following restraint in secure training centres run by the private firms G4S and Serco, respectively, in 2004; the High Court later found that an unlawful restraint regime had persisted in the centres for at least a decade. In a 2016 BBC “Panorama” documentary, staff were filmed verbally and physically assaulting children at the Medway secure training centre, managed by G4S. One manager boasted of stabbing a child’s leg and arm with a fork; another recounted deliberately winding up a child so that he could physically assault him. No child deserves to suffer such abuse, no matter their past or present behaviour.

Local authorities are best placed to run secure 16-to-19 academies because they have experience of education, secure schools and, of course, the local social services that manage and support vulnerable young people. As I keep saying, it is entirely illogical to prevent local authorities from carrying out this work: it makes it harder to integrate services for children while they are in custody and when they return to the community.

The Minister has already argued, as Ministers in previous debates have, that nothing in the law prevents local authorities from running secure 16-to-19 academies. However, as Lord German said in the other place:

“At present, local authorities are excluded simply because there is a view that anything called an ‘academy’ in England cannot be run by a local authority, which seems to create an absolute block to the opportunity for everyone in these institutions to have the best opportunities for life and education.”—[Official Report, House of Lords, 17 November 2021; Vol. 816, c. 271.]

It must be clearly stated in the law that local authorities can establish and maintain 16-to-19 academies. I believe—I look to my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves) on the Front Bench—that the Opposition will divide the House on the amendment; that is how strongly we feel about it. If Government Members vote against it, what will the chilling effect on local authorities be?

The Minister could accept the amendment this evening without pressing it to a vote. It would then be very clear to local authorities that they are eligible to apply to run 16-to-19 academies. I plead with the Minister to do so, because his actions tonight will make the difference for local authorities thinking that they can apply to run such schemes. It must be really clearly stated in the law and in this debate that local authorities can establish and maintain such academies. I urge the Minister and his MPs to support the amendment to avoid another generation of children not getting the best wraparound services they all deserve.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

May I say how pleased I am to see the Government bringing forward proposals to stamp out illegal hare coursing? It is an issue that I and many other rural MPs have campaigned on for the best part of a decade, not least as a result of the extreme violence shown by coursers in Cambridgeshire and many other rural parts of the country to those who try to stop them—farmers, local people and even police. The coursers show disregard for property rights and cause huge amounts of damage to crops and hedges.

--- Later in debate ---

[Tom Pursglove]

Yes, I am always keen that the Department is as timely as possible in engaging with my hon. Friend’s excellent Committee. We are always grateful for the tireless, thorough and considered work that he and colleagues do.

Let me turn to the issue of Harper’s law. Again, I was very grateful to Members from across the House, including the hon. Member for Brent North (Barry Gardiner) and my hon. Friend the Member for Rushcliffe (Ruth Edwards), for their clear, full-throated support for these changes. I was able to address one of the technical issues to provide clarity for the House earlier, and I just wish to provide further clarity, as I promised I would, on whether volunteers can be emergency workers under Harper’s law. The answer is yes, it applies to emergency workers who are engaged to supply emergency services in a voluntary capacity as well as to paid employees. It uses exactly the same definition as in the 2018 Act, and I hope that that helps to put the technical aspects of this provision on the record for the House’s benefit.

Lords amendment 107 covers the issue of secure schools. I am always conscious that I do not want to disappoint the hon. Member for Rotherham (Sarah Champion). We have always had a very constructive working relationship on a whole host of issues, including on the Marriage and Civil Partnership (Minimum Age) Bill, which I know she will be delighted completed its Commons consideration on Friday. None the less, on this occasion, I am afraid that I cannot deliver precisely on what she wishes to see. However, I reiterate the point that, before we invite applications for any future secure schools, the Ministry of Justice will assess in detail the potential role of local authorities in running this new form of provision. The Department for Education remains committed to moving towards a school system where every school has the benefits of being part of a family of schools in a strong multi-academy trust. The DFE will set out its plans in a schools White Paper to be published in the coming months.

[Sarah Champion]

Will the Minister give way?

[Tom Pursglove]

I will give the hon. Lady another opportunity.

[Sarah Champion]

Round 5, Minister.

Will the Minister please clarify what the objection is to making it very clear that local authorities can apply to run and maintain 16 to 19 academies? Moreover, is he able to explain why they were prevented from doing so in the first round of tendering?

[Tom Pursglove]

The hon. Lady is persistent in these matters. All I can do, I am afraid, is simply refer her back to the comments that I have already made during the course of this debate. I will happily take away—[Interruption.] The hon. Lady is chuntering from a sedentary position. I am not sure whether she was here for the duration of this debate. We have covered this matter in some detail. I will gladly take away a copy of Hansard and study the points that she has raised in the course of this debate. If there is any further detail that I am able to provide, I will happily do so.

Afghan Citizens Resettlement Scheme

Sarah Champion Excerpts

Monday 25th October 2021 Commons Chamber

[Victoria Atkins]

On the hon. Gentleman’s first point, the Government are very aware of the potential security ramifications if the security situation in Afghanistan gets worse; that is why we are working with international partners to do what we can internationally to secure it. On the point about unaccompanied children, I am personally aware of the case, and we are working through it. I understand the hon. Gentleman’s urgency. As I say, we have to ensure that the actions we take are very much in the best interests of the children.

[Sarah Champion (Rotherham) (Lab)]

Like many Members across the Chamber, I have been contacted by countless constituents with family members still in Afghanistan. The Home Office tells me to direct them to gov.uk, but it was last updated on 13 September; when will it be updated? When will the children from Afghanistan who are already here be able to go to school, or at least have English language lessons?

[Victoria Atkins]

If I may deal with the hon. Lady’s second point first, I am delighted to tell the House that the majority of children are already in school, or are being placed in school. We know that there are differences among local authorities, depending on availability of school places, but that is a key factor in the matching operation between families and offers of homes. As for the hon. Lady’s first point, again, I understand the concerns of constituents with family members in Afghanistan. As I have said previously, the situation at the moment means that we are unable to provide the help that we would wish to provide in normal circumstances, but I encourage Members to continue to refer to the website, because as and when we are able to update it, we will do so.

Oral Answers to Questions

Sarah Champion Excerpts

Tuesday 14th September 2021 Commons Chamber

[The Minister for Crime and Policing (Kit Malthouse)]

I am extremely sorry to hear about the event in my hon. Friend’s constituency, and I am pleased that he has raised it on the Floor of the House. He will know that, for the last two years, we have made dismantling the county lines business model a key priority of our work between the Home Office and the Ministry of Justice. He will be pleased to know that, following significant investment in the key exporting forces of London, the west midlands and Liverpool—Merseyside police—we have made significant progress. We reckon that we have managed to dismantle about a third of the county lines, but there is still significant work to do. He will be pleased to know that some counties, such as Essex and Norfolk, are showing significant success, but there is still a lot more to do to overcome this pernicious and particularly unpleasant business model that focuses on exploiting young and vulnerable people as part of its way of making money. I assure him that we will not stint over the coming years in trying to eradicate county lines from our country.

[Sarah Champion (Rotherham) (Lab)]

T5. Too many people die in open water because of a lack of life-saving equipment. In May this year my constituent 16-year-old Sam Haycock drowned in a nearby lake. His friends tried to save his life, but they were unable to access the life belt because it was padlocked and they could not get it unlocked in time. It had been padlocked to prevent vandalism. The Criminal Damage Act 1971 contains no specific offence for the damage or destruction of life-saving equipment, so there is no deterrent to prevent vandalism. Does the Minister therefore agree that it is vital that appropriate and specific penalties are in place to save and protect the equipment that could have saved Sam’s life?

[Robert Buckland]

The hon. Lady raises a case that shocks and concerns us all. I would be more than happy to talk to her directly about these issues. As she knows, the law of criminal damage is being reformed in other respects in the Police, Crime, Sentencing and Courts Bill, but I want to make sure that we reflect the often devastating consequences of thoughtless and criminal acts of damage against vital pieces of life-saving equipment such as life belts.

Sexual Offences Act 2003: Positions of Trust

Sarah Champion Excerpts

Wednesday 3rd March 2021 Commons Chamber

[Sarah Champion (Rotherham) (Lab) [V]]

It is a huge honour to be here, Mr Deputy Speaker. Thank you for granting this debate about closing the loophole in the law to protect 16 and 17-year-olds from sexual exploitation.

I have been campaigning on this vital issue for years, but I wish we did not have to be here again. The only reason we are here is that the Government have failed time and again to listen to me, to other MPs, to peers, to charities—especially the NSPCC and Thirtyone:eight—and to victims and survivors of sexual exploitation. The Government have failed time and again to close a loophole in the Sexual Offences Act 2003 that leaves 16 and 17-year-olds open to sexual abuse. Currently, section 22 of the Act describes a person in a position of trust if they are

“regularly involved in caring for, training, supervising or being in sole charge”

of a child. Someone in a position of trust who then has sex with a 16 or 17-year-old in their care is acting unlawfully.

However, this sensible legislation only applies to adults working in a set of professions listed in section 21 of the Act, including teachers, care workers and youth justice staff. This loophole allows adults such as faith leaders or sports coaches—who clearly meet the criteria in section 22, but are not on the list of public sector professions—to be above the law, and therefore to engage in sexual activity with 16 and 17-year-olds in their care with impunity. Given the Government’s claim to be sending out what the Home Secretary’s foreword to her recent “Tackling Child Sexual Abuse strategy” describes as

“a clear message to those who abuse our children”,

I fail to understand why, after years of persistent campaigning by Members across the House, action to protect children from being sexually exploited by adults in positions of trust has not been taken. In the same strategy, the Home Secretary goes on to state that

“if you think you can…abuse positions of trust—think again, you will pay for your crimes”,

but that is not true. Government inaction means that there remain a whole host of adults in positions of trust, from sports coaches to those in faith organisations, who are not covered by the law and who will simply say that the 16 or 17-year-old consented to a sexual relationship with them as their defence. That is if the abuse is ever discovered. The current legislation makes it the child’s responsibility to identify, report and be the witness in court to the abuse. This is totally unrealistic and unjust.

Closing the current loophole would simply make the act of sex with a child in your care a crime. Does the Minister really think that a maths teacher has more influence over a child than their sports coach? The child will see that sports coach every day, and the coach will have the power to make their dreams come true or dash them. Currently, the law does think that the maths teacher has more influence. I was pleased that, in 2019, the Ministry of Justice finally conducted an internal review into the law. Then, in March 2020, after being in post for only a few short weeks, the Under-Secretary of State for Justice, the hon. Member for Cheltenham (Alex Chalk) stated that it was

“crystal clear…that this is an extremely important issue which requires a clear, considered and decisive response.”

The Minister went on to say that

“we should urgently consider all options, including legislative change, and must be in a position to announce next steps by the end of May.”—[Official Report, 4 March 2020; Vol. 672, c. 303WH.]

That was in March 2020, but as I am here again today, it goes without saying that no announcement was forthcoming. So I ask the Minister, given his May deadline, when exactly the Government will be able to announce the next steps to protect children.

In February 2003, Baroness Blatch highlighted the loophole and called for it to be addressed. The Baroness was the first to raise this concern, but she certainly was not the last. I would like to pay tribute to all those who, over the years, have urged the Government to close this loophole. In particular, I want to recognise the work of the hon. Member for Chatham and Aylesford (Tracey Crouch) and that of Tanni Grey-Thompson in the other place, both of whom have worked tirelessly to draw attention to predatory sports coaches abusing children in their care.

The Minister is aware that I have previously carried out an inquiry on this topic in my former role as chair of the all-party parliamentary group on safeguarding in faith settings. The APPG published its report in 2019. It highlighted that adults holding positions within faith organisations

“will automatically be seen as having authority, power and influence.”

There is a power imbalance, and when combined with the close, regular and intense contact between faith leaders and young people, this creates significant opportunities for grooming and abuse. Young people and their families place significant trust in these leaders, and there is a failure to question potential abusive behaviour or poor safeguarding standards. Many young people and parents assume that legislation prevents faith leaders and workers from engaging in sexual activity with children under their care.

That is the nub of it. If someone leaves their child in the care of a professional, even if the child is over the age of consent, it is completely logical to assume that the law would apply if that professional failed in their duty to safeguard. Sadly, because of Government inaction, parents are making the wrong assumption. The law does not prevent faith leaders, sports coaches, driving instructors, tutors or even police officers from engaging in sexual activity with a 16 or 17-year-old under their supervision. It is important to add that many children will have been groomed by the professional prior to their turning 16, and they will actually believe that they are in a relationship with their abuser.

Let us take the example of Hannah—not her real name—who featured in the NSPCC “Close the loophole” campaign. Hannah swam from a young age and took her training seriously. She admired her coach, Jeff, and would work hard to be given praise by him. When she was 15, Hannah was having a difficult time, and Jeff built up her trust by supporting her. After Hannah turned 16, Jeff started to compliment her, saying she looked nice, or that her clothes looked nice on her. He said she looked beautiful and attractive. Hannah says that she had not heard a man say those kinds of things to her before, and she was unsure how she felt about it, but things progressed to the point where they started having sex. The relationship lasted over a year before a disclosure revealed what had happened. The police questioned Jeff, but no charges were brought, due to Hannah being over 16 and therefore able to consent to sex.  

A Freedom of Information request commissioned by the NSPCC found that between 2014 and 2018, there was a total of 653 recorded cases in which adults in a position of trust had had a sexual relationship with a child of 16 or 17 in their care. What really horrifies me is that those numbers will be just the tip of the iceberg.  As the law stands, it is the child’s word against their abuser—if the offence is ever uncovered— which means that the vast majority of cases will never see the light of day, let alone be investigated or recorded. That is just as the abuser intended. 

The all-party parliamentary group on safeguarding in faith settings, the NSPCC, the independent inquiry into child sexual abuse, Thirtyone:eight, the Church of England, Sport England, West Midlands police, the Offside Trust, the former Chancellor of the Exchequer and even the Home Secretary are all calling on the Government to close this loophole to protect children. What more will it take for the Minister to act?  

Protecting children and young people from harm should be one of society’s top priorities.  It is really is quite simple. The law needs to change so that all adults who hold a position of trust over a child, even if that child is 16 or 17, must be banned from having sex with them.  Over the years of campaigning on this, I have heard the same justifications for doing nothing from a host of different Ministers. 

I suspect that tonight the Minister will highlight that the law around positions of trust offences is complex, and that any reforms should not unduly impinge upon the sexual rights and freedoms of those who are over 16. The Minister may say that a broad new definition of positions of trust could result in the age of consent being raised by stealth.  I appreciate and understand the complexities here, and of course the unintended consequences must be considered.  

I am not here to argue for denying young people age-appropriate rights to agency and self-determination, but we cannot abandon our duty to protect children from abuse when it is clearly happening. Children and young people across the country will soon be returning to school and many will again participate in vital extracurricular activity after an incredibly difficult year.  The Minister has the ability to protect those children from abuse. He has already acknowledged the urgency and pressing nature of this problem, so will he confirm tonight that the Government will once and for all close the loophole in the Sexual Offences Act 2003 and make sure that 16 and 17-year-olds are protected from all predatory professionals in a position of trust over them? Minister, I await your answer.

[Mr Deputy Speaker (Mr Nigel Evans)]

Thank you, Sarah Champion. The Dispatch Box was sanitised while we were off screen.